how to legally change your last name in texas

If the other parent does not agree to the name change, you must have the other parent served with legal notice of the case by a constable, sheriff, or private process server. Your fingerprint card (if you e-filed your Petition). A. In general, a court will change your name if the court finds that the name change would be in your interest and the publics interest. Free form and instructions on filing the Statement are available at www.texaslawhelp.org. 1. Get Your Marriage License Before you can change your name, you'll need a certified copy of your marriage license (a.k.a. The notice should also explain your right to appeal that decision, and the time frame for doing so. You'll need to submit a personal, cashier's, or certified check, or a money order with your fingerprint card and the petition. How to file for a name change in Texas if you are 18 years or older and want to legally change your name. Choose Your New Name. If you have a library account in good standing, you can check out anOverDrivee-book oraccess our remote databases. They will not change your name without a court order. Bring the following to your court hearing: When you get to the courthouse, stop by the clerks office to find out where to go and whether or not you need to bring the court file. Either or both spouses can change their name after marriage, but the name change must match your spouses last name on the marriage certificate or hyphenate the two last names. Contact the district clerks office in your county to learn the filing fee for an adult name change. Fill out the appropriate form . Below is an e-book that may help you with your research on name changes in Texas. This process is complicated and can be expensive. Not for sale. Divorce Lawyers. Copyright by the Texas State Law Library. You dont need to do anything else to change their name. The information and forms available on this website are free. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. After the court approves your name change request, you should update your name on government identification and other documents. If you want to change the childs last name, you will need a court order. ); and/or. They will not be notified automatically. The self-help guides and articles below will aid you in changing an adult's name. Choose your new name. Just be very careful to cross your Ts and dot your Is. How? (You can download a copy of the fingerprint form if need be.) Learn about changing your name in Texas when you have a criminal history. In some states, this step may actually happen first. If you do not know the childs fathers identity, you must give the unknown father legal notice by having the notice published in a local newspaper. What if I am worried about the other parent finding out where we live? What if the other parents parental rights have been terminated? It has been at least two years from the date you received your certificate of discharge from the Texas Dept. Can I change my name if I have been convicted of a crime? Don't have a library account? Form CS-65has the steps you need to follow. Expect the judge to ask you questions about why you want to change your name, so it's a good idea to have answers ready. Get instructions and do-it-yourself child name change forms here: I want to change my child's name. Changing your name after divorce optional and not something you have to do. Last Updated on January 6, 2023 Overview Instructions & Forms Articles Guide Overview Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer. You can ask a judge to make a court order by filing a child name change case. Lawyers can protect your rights and seek the best outcome. The two main reasons a name change request might be denied are: If the clerk of court or the judge denies your name change request, youll receive a notice of denial explaining the reason for the decision. You will probably need a court order to change your name from the name currently on your birth certificate to the name you have always used. Once the judge has signed the Order changing your name, the clerk in the courtroom may file the Order or you may need to take the Order to the clerks office to be filed. For more information visit: U.S. Social Security Administration. 3. Learn more about how to register online. To change your name on your voter registration card, notify your County Voter Registrar in writing. For more information, contact the Texas Department of Public Safety (DPS). See our Name Changes guide for details. If you are requesting a name change for your child, make sure you bring a notarized consent form from the other parent or sufficient proof that the other parent was served with the application and notice of the hearing date. Update your retirement accounts, passport, businesses that send you bills, and any other entity that should have your new name. Contact the district clerks office in your county to learn the filing fee for an adult name change. Its possible that your name change request will be denied (although if you follow our advice above, it probably wont happen). For example, if you were recently married and you have a marriage license. A petition for a change of name of a child is a separate lawsuit unless it is part of an adoption or paternity proceeding. There are legal procedures and requirements which must be fulfilled before a court hearing can be set. TexasLawHelp.org has instructions and free legal forms for adults who wish to change their name. Adoption Lawyers. Your age, sex, race, date of birth, driver's license number, and Social Security number. It is your responsibility to have your official documents changed to show your new name. This page provides an overview of Texas's laws relating to changes in identification documents. We are not a law firm and do not provide legal advice. COMMON QUESTIONS Where are name changes usually filed? The full name you are requesting. If the parties agree to the change, they can use the free court forms on www.texaslawhelp.org. The reason for your name change will dictate which legal process you need to follow. Do I need a court order to correct the spelling of my name? There is a fee for certified copies, but you will need certified copies of the Order to get your official documents changed to your new name. Get instructions and do-it-yourself child name change forms here: I want to change my child's name. If youre choosing a completely new surname (if, for example, your last names are McDonald and Martinez you might decide you will both use the name McMartin), you have to go through your states name change process. You must be at least 18 years old to use these forms. No. A file-stamped copy of your Petition to Change the Name of an Adult and all the exhibits you filed with your Petition. You will be required to attend a name change hearing. There will be multiple people present at this hearing requesting their own name changes. Julia DiPrete is a freelance writer, former BigLaw attorney, unapologetic night owl, and Xennial. Every state has its own laws and processes for carrying out those laws. A. Notify the appropriate agencies (Social Security Administration, the Bureau of Vital Statistics, Texas Department of Public Safety) of your new name. Butif you are not near a law library, you may be able to access more information (if you are a Texas resident) by registering for a freeTexas State Law Library Account. Legal notice (service) of the petition is required for the childs parent (whose rights have not been terminated), managing conservator, or guardian. If you are married, you must get a consent form from your spouse signed and notarized or hand deliver to your spouse or send the application by certified mail. Not for sale. You can get certified copies of your marriage license from the clerk in your local town or city. Keep in mind that although you have the legal right to use your new name as soon as youre hitched, it takes a while to get the paperwork. This article published in the Texas Bar Today blog explains that your final divorce decree can incorporate a legal name change if you choose to change your name as part of the divorce. If proof of the name change is required, a name change certificate can be obtained from the district court clerk for a small fee. Youwill likely berequired to submit a certified copy of your marriage license, which you can obtain through thecounty clerk's office. Contact the district clerks office in the county where the child lives to learn the filing fee for your case. If you want to use a name other than your married name or your pre-marital name, you have to go through your states name change process. Changing Your Name Can Be A Simple Process. You also have the option of using a name change service to assist you in changing your name if you find you need assistance with making sure you are thorough in your checklist. If you are going through your state name change procedure though its likely that frequently changing your name will raise some questions for the court and unless you can provide a good reason for the current change, it could be denied or the court could ask a lot of questions and make the process challenging. Examples of books and guides to look for at a law library: WestLaw Resources If your local law library has free WestLaw access you can look for secondary resources such as: You will usually need a court order to change your name. How do I change or correct my name on my Social Security number card? Step 1 - Background Check The first step in petitioning for a name change is getting your fingerprints taken for a background check. Changing your name in Texas requires going to court, except in a few situations. County staff persons are not qualified to provide legal advice. Learn about the court procedures, factors considered, and potential emotional impacts on the child. Do I need a court order to change my name? To change your name for any other reason with Social Security, you can begin the process online but must complete it in person at an office. File your child's name change case at the district clerks office in the county where the child lives. You can also go to a law library to conduct legal research. MW-0225 from 1980 provides a legal opinion on the use of a hyphenated last name. The other parent must get legal notice of your child's name change case even if the other parent is not listed on your childs birth certificate. You must pay a filing fee, and attach a card with your fingerprints to the petition. Digital strategy, design, and development byFour Kitchens. When the judge calls your case, stand in front of the judges bench. Criminal Justice (TDCJ), or, It has been at least two years from the time you were released or discharged from probation, or. Changing My Name After Marriage in Texas Changing names after marriage may involve adopting a spouse's name or another name to reflect one's new marital status. It cannot be requested in a divorce or modification suit. For most normal life stuff, the states are the ones making the ruleswhich means that answers to questions like How can I legally change my name? depend on the state in which you live. Name-change basics for both children and adults. Free. Digital strategy, design, and development byFour Kitchens. If a child's name has been changed and the child has been the subject of a custody or child sup-port order, the person that obtained the name change for the child must also send a Haveyour fingerprints taken. To see if you can e-file instead, call your district court clerk to find out whether they permit e-filing in name change cases. For minor changes to your first or middle name, get an application to amend your birth certificate from the Texas Bureau of Vital Statistics (www.dshs.state.tx.us). If you want to change your name because you got married, all you need to do is show your marriage certificate to request the change. In some states you have to appear at a brief court hearing before a judge to have your name change approved. Appear before a judge and provide testimony about why you want to change your name. You must get a court order to change your child's name legally. You must also notify the other parent. 1. Statement of Inability to Afford Payment of Court Costs. Make sure to change your driver's license within thirty days of your name change. If you are unable to afford court costs, you can probably have the filing fee waived by filing a Statement of Inability to Afford Court Costs. See How to Change Information on Your Driver License or ID Card andHow do I change or correct my name on my Social Security number card? How do I change my name if Im not divorcing? Fill out all the spaces on the forms unless instructed otherwise. Reuters/Ho New. You must also hire a lawyer to serve as the unknown fathers attorney ad litem. This process is complicated and can be expensive. File to ask judge to legally change name. . Still, you need to know your states rules so you can follow them to the letter. 4. Step 9: Change official documents to show your new name. If you change your name, no one else's name changeseach petition is for the applicant only, so your children's names don't change. These instructions explain the steps to change your child's name if you and the child's other parent agree to file the request for name change together. How to change your name and gender marker in Texas, with steps to update documents. Do I need a court order to change my name? See our Name Changes in Texas research guide for additional resources. If the court did not order your name changed in your Final Decree of Divorce, your name is not changed. SeeTexas Family Code 45.103(b)(2). How to file for a name change in Texas if you are 18 years or older and want to legally change your name. The law requires a person filing a name change case to include their home address on their court documents. If you were pardoned, get a copy of your pardon or clemency proclamation from the Secretary of State Registrations Unit. Subchapter B of chapter 45 governs name changes for adults. Instructions to Change the Name of an Adult. A. A. This is important because you want to select a name you will be comfortable with for the rest of your life. Eviction can cost $1,000 to $10,000 in legal fees, and . Prepare a Petition to Change Name of an Adult. Who Should You Notify of Your Name Change? The judge may deny the name change if the information is inaccurate or incomplete. If you need a court order, you can use the forms in this toolkit. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. Changing your name after marriage is optional, not required. By filing the application for name change, you are not able to add a fathers name to the birth certificate or establish paternity. A legal name change requires petitioning the courts for a court order. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. If you are wondering how to legally change your name after a divorce, you must make sure that your certificate of dissolution or judgment of divorce specifically gives you the right to change your name back to your premarital name or that your state law allows this. If you are filing for a name change for yourself, you must be a resident of Maricopa County, you must be 18 years or older, you must inform the court if you have been convicted of a felony and if those offenses involved false statements or misrepresentation, you understand that changing your name will not release you from any obligations or liabilities, and you are not changing your name to that of another person to commit a crime or offense involving fraud or misrepresentation of identity. When you adopt a child, their name change is completed as part of the adoption process and a birth certificate is issued in their new name. Step Two: Reach Agreement or Serve Notice. How to file for a name change in Texas if you are 18 years or older and want to legally change your name. Background checks? If you wish to change your birth certificate, you will need to get an Application to Amend Certificate of Birth from the Texas Vital Statistics Unit. You may Change Your Legal Name or family name for personal choice or any other reason. Fill out the order but don't sign it. The name change is not automatic; you must request it (or agree to it) as part of your divorce petition, waiver, or answer. There is a fee for this service. How to legally change the name of a child under 18. If the child lives in a different county, file your case in the county where the child lives using a new cause number. Your will/powers of attorney/other estate planning documents, Your passport and TSA precheck or global entry. Technically, you can change your name as many times as you want to. Contact Texas Vital Statistics if you have questions about amending a vital record such as a birth certificate. Make sure your full new name is listed on the marriage certificate. Check your state court website for filing fee details. You will have to sign this form under penalty of perjury. How Much Does It Cost to Change Your Name? Step One Complete the online interview. Of course here were talking about a court, not the DMV, but the principle is the same. You provide the court with complete information about all felonies and Class A or B misdemeanors with which you have been charged. If you are requesting a name change for your minor child, you must notify any interested party. Bring the order and copies, the petition, a copy of the fingerprint card, and proof of age and identity, criminal convictions, probation discharges, and any pardons to your hearing. After that has been approved, you will wait for the judge to call your name. A change of name allows new couples to alter their legal documents and personal records, including Social Security cards and driver's licenses. Discussions about estate planning are difficult for many families. Frequently asked questions about changing a child's name. All rights reserved. Free. They are not for sale. You cant change your first name and you cant invent a new name. Frequently asked questions about changing a child's name. However, for cases filed on or after September 1, 2021, you will not have to disclose your home address or the reason you are requesting a name change if the following are true: If you are a participant in the Address Confidentiality Program and the court grants your name change, your order will be confidential. Residents of Bexar County, Texas who want to legally change their name for reasons other than a marriage or a divorce must obtain permission from a civil court judge to do so. For example, if you got married and divorced five times, you could have 10 name changes associated with those. How to file for a name change in Texas if you are 18 years or older and want to legally change your name. In many instances, the legal process of changing your name could actually be the easy part. Get a fingerprint card through the Texas Dept. If they do not agree, they will have the opportunity to object at the hearing. The reason for your name change. This guide is intended for Texansseeking information about legal name changes. How to Serve the Initial Court Papers (Family Law), Digital strategy, design, and development by. These guides and articles walk you through changing an adult or a child's name. Most divorces include an order permitting this change. Information on the laws for those who plan to get married or are married in Texas. Pay attention to the time frame so you dont miss your window. Attorney General opinion JH-0432 from 1974 explains the legal history of this common law right. The reason you are seeking the name change. The Texas DPS website explains what is required to update your last name on your Texas driver's license or ID card. The Petition to Change the Name of a Child asks for your childs address. Complete the adult name change petition. You can only change your name back to the name you legally used before your marriage. If the judge feels that any interested party has been notified and there are not any objections, you will likely be awarded the name change. If you want to change your name after you are married, the marriage certificate is the documentation you provide to places like the DMV or your bank. A notary public may charge a small fee. The civil courts allow for any person to file a document requesting a name change. Order Outreach Materials Disclaimer Printing Costs Policy Name-change basics for both children and adults. If you dont know the childs fathers identity, its a good idea to talk with a lawyer before filing anything with the court. Don't have a library account? This allows a person to obtain a decree from their local court and change their name on their bank accounts, credit cards, and government agencies. For parents and guardians. Then youll need to work through your list of places you want to change your name after that. 1. Visit your local law enforcement agency or a "Print and Go" location to have your fingerprints taken. Try to work it out: In the end, even paying a renter or nonpaying guest to go away might be faster and cheaper than trying to evict him. Answer a few questions to get the right set of instructions. The judge and court clerks will not fill them out for you. Divorce . The information and forms available on this website are free. Yes. If you are filing for a name change for yourself and you are not married you must provide notice to any interested party. File your papers with the court clerk. If the other parents rights have been terminated, they do not need to be notified. Requirements to change your name in Texas, How to talk to your family about estate planning, You're filing your petition in your county of residence, You're not filing with intent to defraud anyone or to avoid creditors, Your name change is for a good reason, as granting the name change is at the discretion of the court, If you have committed a felony, you've either been pardoned or it's been two years since your release from prison or completion of probation, If you are a sex offender, you've notified your local authorities that you want to change your name, You've provided proof of any felonies and Class A and B misdemeanors to the court. If the judge agrees to let you change your name, the judge will sign your order. If everything is in order, the judge will sign your Order Changing the Name of an Adult form. This is a crucial step; just because your hearing is over, your name isn't officially changed until you file the order. 8. Editorial Note: We earn a commission from partner links on Forbes Advisor. This page provides answers to frequently asked questions about changing a child's name. Women want to change their last names after divorce for various reasons. You must file a paternity case if you want to add the biological fathers name to your childs birth certificate. You will e-file your Petition and, if applicable, a Statement of Inability to Afford Payment of Court Costs. If you do not use the automated interview, to file your forms online, go toE-File Texas,and follow the instructions there. TexasLawHelp.org has compiled answers to common questions about changing your gender marker and/or name. Here's a list of forms to provide: a marriage certificate is the primary evidence to legally change a name on a passport, SSN, and other documents after marriage; a divorce certificate serves as a reason to legally change your name and return to your maiden surname after marriage termination; an adoption decree is used for a minor's name . Listed below are some of the library resources that can provide further guidance on this topic. In some states the fee is under $100, but other states may charge up to $500. The cost for changing your name varies by state. For each felony conviction, get proof that: 2) it has been at least two years since you were discharged or completed probation. 3. What if I just need to correct the spelling of my childs name on his or her birth certificate? You can file the request together if the other parent agrees to the name change. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. Note: if you were convicted of a felony, you may be able to change your name without waiting two years if you are asking to change your name to the primary name used in your criminal history record information. Want to talk to your parents or grandparents about estate planning, but feel like the topic is taboo? How do I change or correct my name on my Social Security number card? Name Changes and Criminal History Learn about changing your name in Texas when you have a criminal history. Local rules. Follow these steps to have your name legally changed by a court. Call your district court clerk to find out how much filing the petition costs in your county. If you want to change your childs name and there is no adoption involved, youll need to go through your states name change procedure for a minor. And, ask the clerks office or coordinator if the court requires you to get a criminal background check before your hearing. When you go to the courthouse to get your marriage certificate, the clerk should ask you if you want to change your name. This includes getting a new Social Security card, driver's license, and car registration. You may have to pay an additional fee for a certified copy of the name change. If you need a court order, you can use the forms in this toolkit. Make a copy of your completed Petition to Change the Name of an Adult, fingerprint card and, if applicable, your Statement of Inability to Afford Payment of Court Costs. Step 3: Collect additional paperwork if you have a felony conviction or you are a sex offender. But it can take a few weeks to change your name everywhere you want it changed. Setting up a power of attorney to make your decisions when you can't is a smart thing to do because you never know when you'll need help from someone you trust. Check the Department of State website for forms, fees and details. Fill out this additional form only if you have a low-income, receive public assistance because you have a low income, or cannot pay the court filing fee: Note: You can print your court forms and fill them out neatly in blue or black ink. What If My Name Change Request Is Denied? No. All Rights Reserved. Can I change my name as part of a divorce? Another example would be if you were recently divorced and within your final divorce decree your last name has been restored to your maiden name. I was recently divorced. your state requires you to publish your name change petition in the local newspaper for 10 days before you file, and you failed to do so). Contact the clerk's office regarding whether they require a scanned and attached copy of your fingerprint card to the petition and later take your original fingerprint card to your court hearing.

Where Does Tif Money Come From, Articles H