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Name Changes

Name Changes

Very often, for various reasons, an adult will seek to have their name changed.

Many times the name change is to change a last name, however it is also not uncommon to have an entire name changed. Most often name changes are as a result of a marriage or divorce, change of religion, or other legal reasons.

Name changes are freely granted, and typically the court does not have the ability to deny a name change unless it is apparent the name change is for fraudulent or criminal purposes.

During the process, a petition is filed with the court. Part of the petition includes an affidavit from the person requesting the name change setting forth that there is no intent to avoid criminal prosecution, creditors or commit fraud, And that there is no criminal history or pending criminal charges, and if there is, an explanation of the charge must be given.

After the petition is filled, notice is giving to the general public of the name change, usually through publication in the newspaper. So long as there is no legitimate opposition, a hearing is set in which the process before the court is held.

During the name change process the court will look at several factors and take testimony relating to

  • Occupation
  • Judgments
  • Criminal history
  • Bankruptcies
  • Prior name changes
  • Reason for name
  • If there is an attempt to avoid criminal prosecution, creditors or fraud.

After the hearing, the judge will approve the order granting the name change. That order must be again published in the local newspaper to give the public notice. The name change must also be filed with the Department of Treasury. If there is a prior conviction or a pending conviction, the judgment must also be given to the correct law-enforcement agency.

Due to the complexity and detail requires to file a name change petition, an experienced attorney should be consulted. Contact Mark | Lavigne, LLC for your name change. Contact us or call us at 908-460-8996 today for your consultation.

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