** Name Change Laws of All 50 StatesName change law is the process by which a person changes their legal name. Once born, the name on your birth certificate is your “legal name.” Under common law, you could not change your “legal name.” As of 2011, all fifty states and the District of Columbia have enacted name change statutes. These statutes overruled the common law and allow legal names to be changed. All 51 jurisdictions have differing laws and different approaches to changing one’s name. However, some states have modified common laws which allows for changing names.
Under modified common law states, one can change her name under the usage method. To use this method, continuously use the same for all documents. For example, assume that my legal name is John Smith. However, let’s say that I write the name “Bob Hope” on all my documents (social security card, bills, taxes, etc). After a while, my legal name transform into Bob Hope. You can never revert back to your older name or use your older name for anything else. Once you do, the usage method dissipates.
It should be noted that the usage method has two limitations. The first limitation is what is your new name? Some common law states (California) requires that your new name be completely different from your old. Thus, if I was john smith, I cannot become John Hope. The name John is still used and disqualifies my new name. So I have to become Bob Hope to change my name. Some states (Pennsylvania) allow your new name to be similar to your old name.
The second issue is the government. Because of 9/11, identity fraud, etc., stating your new name on a government document is illegal. Thus, this method is defective in nature because the government no longer has to recognize your new name.
The second way to change your name is by statute. In most states, you are required to fill out an affidavit, sign the affidavit and file it with the court. An appearance is held before the court. Different states have different law as to what you can legally change your name into. Some states have rejected the name “god” and “superman.” At least one state has allowed for “they.” Each state has differing rules. After the judge allows for the change, a fee will be instated. The fees depend on each state.
After the trial and fees are completed, the name is placed into publication. Normally the plaintiff is required to announce his/her new name in the local newspaper. How long the publication lasts depends on the state. In Missouri, you are required to publish your name three times in a span of 20 days, at your local county newspaper.
