How to Legally Change Your Surname in Family Court

There are no legal requirements when it comes to informal name changes. Anyone who wants to be called by another name can simply tell friends and family about the change. However, for some, taking the extra step to formally and legally change their name can be incredibly important. California’s family courts handle formal name changes, and a family law attorney can guide you through the process so you can start a new chapter of your life with your new name.

Common Reasons for Legally Changing a Name

In California, individuals can seek to change their name for any lawful reason. Each situation reflects personal circumstances, lived experiences, and preferences. Some people wish to revert their last name back to their maiden name following a divorce.

Some people may wish to adopt a name that aligns better with their gender identity, cultural heritage, or personal beliefs. Others might change their name to distance themselves from a troubled past or to create a fresh start.

Some people may grow tired of having their last name mispronounced or wish to simplify the spelling of their last or first name. Navigating the name change process can bring a sense of empowerment and identity renewal by allowing individuals to align their name with their personal or familial values.

Reasons the Courts May Reject the Request

It is important to remember that there are certain reasons for changing your name that may be considered unlawful by the courts. The right to alter your name is not absolute, and judges have the discretion to approve or reject any name change request brought before their court.

A name cannot be changed in furtherance of an act of fraud or deception. You cannot change your name to evade creditors or other legal responsibilities. You cannot take on the name of a celebrity as a means of impersonating them.

Courts are vigilant against attempts to misuse the name change process for deceitful purposes. If the name is deemed confusing or offensive, or if it has titles or symbols, the court has the right to reject that request as well. Name changes cannot be bizarre or nonsensical.

Further Reasons for Denial

Your request may also be denied if the forms you filled out are inaccurate or incomplete. The courts require specific forms to be filled out correctly and fully. If the applicant fails to meet the residency requirements or does not provide sufficient evidence for the reason behind the name change, the request may also be denied.

Anyone seeking a name change should take the matter seriously. Any false statements spoken in court or written on a court document could lead to serious penalties for the petitioner.

How to Change Your Name in Court

Changing your name in California requires several legal steps for official recognition. First, complete the necessary forms, including the Petition for Change of Name and the Order to Show Cause.

These forms will need personal information, the desired new name, and the reasons for the change. After filling them out with the help of an attorney, you can file them with your local Superior Court along with the filing fee, which typically ranges from $435 to $450. The court will then set a hearing date, usually within six to 12 weeks. You must publish a notice of your name change in a local newspaper for four consecutive weeks unless exempted by a court order.

The publication serves to inform the public of your intent and allows for any objections. At the hearing, your attorney can present your case to the judge, who will evaluate your request. If approved, the court will issue a name change order, which can be used to update legal documents like your driver’s license, Social Security card, and bank accounts.

FAQs

Q: What Is a Common Reason Someone Changes Their Name?

A: The decision to change one’s name is often driven by personal reasons. One common reason someone may change their name is to put their past behind them. Whether they have changed their gender or wish to change their surname because it is tied to past abuse, a new name can symbolize a fresh start for the person requesting the change.

Q: Do I Have to Go Through the Courts to Change My Name?

A: You do not have to go through the courts to change your name if you are ok with an informal name change. You can simply tell your friends and family that you wish to go by a new name. However, your identification cards will still have your legal name. Taking the extra step by going through the courts can make the name change feel more significant.

Q: When Does the Name Change Become Official?

A: As with any court order, the name change becomes official once the judge renders their order. The court will issue documents that can be taken to the various departments and agencies that issue identification cards. Petitioners can use the court order to change their name on driver’s licenses, Social Security cards, passports, bank accounts, financial records, and other important records.

Q: Do I Need an Attorney to Change My Name?

A: You do not need an attorney to change your name, but having legal representation can greatly improve the chances that you are successful in court. Any error in filling out the paperwork or preparing your legal documents could result in a rejection by the court. Attorneys bring years of experience and knowledge of the law to your service.

Schedule Your Name Change Consultation Today

Once you have made the decision to legally change your name, the next step is to hire a trusted law firm to handle the paperwork and set the court appearance. San Diego residents have long relied on Bickford Blado & Botros to handle important family court matters like name changes.

We can ensure that your request aligns with California’s guidelines to avoid any unexpected surprises. We’ll prepare you for your appearance in court, which is typically a straightforward process. Our lawyers take great joy in seeing people attain a name that truly reflects who they are. To schedule your name change consultation, contact our law firm today.

 

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