West Palm Beach Name Change Lawyer
When you’re seeking a name change after a divorce, or for another reason, you should get advice from someone who has the legal knowledge to help you navigate the processes involved. I am William Wallshein, a West Palm Beach name change lawyer who has spent over 25 years assisting clients in all aspects of family law matters. I can guide you through the various administrative procedures required for changing your name.
Name Change Requirements in South Florida
In Florida, any resident may seek to change his or her name for a number of reasons. Changing your name after a marriage or divorce are common practices, but some people may decide on a name change due to other personal reasons. Petitions for a name change must be filed in the county where the individual resides. There are some restrictions on who can change their names. The petitioner must not:
- Be seeking a name change for an illegal purpose;
- Have been arrested or convicted of a crime;
- Have been declared bankrupt; or
- Have been subject to any monetary judgments issued against him or her.
If none of these restrictions applies, residents may file a petition to change their names by following the proper protocol.
Changing Your Name For Marriage or Divorce
To change your name in Florida, you must notify both the Social Security Administration (SSA) and the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) of your name change. Changes must be reported to the SSA first, by mail or in person, followed by notifying the FDHMSV. Both agencies require a “certified name-change document” to process a name change. When people are married, they are issued a certified marriage certificate. Likewise, after divorce, people may obtain an official divorce decree. Both documents satisfy the notification requirements for the SSA and FDHMSV.
Proof of your identity and U.S. citizenship is also required for both agencies, and the FDHSMV additionally requires proof of your Florida residency. Fees may be associated with either notification process.
Considerations for Deciding Whether to Change Your Legal Name Once Married
There are several considerations that must be made before getting married. Though there are major questions involved such as where you both will live, how many children you want (if any), how you will raise your children, and what the dynamics of your relationship will be, there are also smaller issues that may still impact your lives in ways you do not know. One of these issues is whether or not you and/or your spouse will change to a common married name once married. If you are considering getting married, it is important to speak with an experienced West Palm Beach family lawyer who can guide you through the process and discuss with you the consequences of a name change, how to create a prenuptial agreement, and other issues that arise before marriage.
Advantages and Disadvantages of Changing Your Legal Name
There are many advantages and disadvantages when changing your legal name. The following are some advantages of changing your name to a shared, married name:
- You like your spouse’s last name and/or you dislike your last name: Though this is simply a preference, sometimes the changing of a name to your spouse’s name if you like that name (or dislike your previous last name) can bring a cathartic reaction. Your last name may be harder to spell or pronounce, or your name may carry a negative association, and people may treat you differently as a result.
- You want to reflect the coming together of you and your spouse: Sometimes in marriage there may be very little that changes to your lifestyle once you say “I Do”. However, when you get married, there may be a desire to show the world that you are now a family unit, and a shared name bands you and your spouse as a family and as a team.
There are also many disadvantages to changing your name such as:
- You have made a career reputation that is based around your name: If you have made a professional impact on the world, changing your name may mean changing your brand. It can confuse clients who may not know you by another name and you could potentially lose business as a result. Your personal identity rests on your name and if your name has clout, changing it could lose some of that reputational pull.
- You love your last name and/or dislike your spouse’s name: Preference is key. Confidence stems from your name and the personal identity associated with it.
- You are the last descendant of your family line: Losing your old name may mean passing on an inheritance of ancestry and history.
Florida Legal Requirements When Changing Your Name
If you or your spouse have decided to change your name, Florida law requires:
- You must be a resident of Florida and live in the county where you are trying to change your name.
- You must be at least 18 years old.
- You must submit fingerprints along with your petition for name change and submit to a state and national criminal history check to ensure that the change in name is not for other purposes.
- You must let the Court know if you have previously changed your name and where you changed it.
- The court will have discretion as to the name change and the motive behind the change. The court will most closely review a petition to change a name if the petitioner:
- Is on the sexual offender’s registry;
- Has filed for bankruptcy or owes a money judgment to a judgment creditor;
- Has been arrested for, charged with, or convicted of a criminal offense; and/or
- Has had his/her civil rights suspended and whether the civil rights were fully restored to the petitioner, among other factors.
When doing a family name change, the petition for the name change may include the spouses and the children within one petition. If one parent is looking to change his/her child’s name, the other parent will be notified and served documentation.
Restoration of a Former Name Following a Dissolution of Marriage
Following a divorce, many former spouses wish to reassume their maiden names. While this process can be simple if undertaken during divorce proceedings, it can require a significant amount of paperwork if delayed. If you are in the process of ending your marriage or have already been granted a divorce and you wish to have your former name restored, an experienced West Palm Beach family lawyer can ensure that the process is completed correctly and your stress is minimized.
Final Judgment of Dissolution
One method of having a former name restored is to request it within the original petition or counter-petition for a dissolution of marriage. When the court enters the final judgment for dissolution, it includes a provision restoring the name that the spouse carried prior to the marriage.
However, if a spouse does not request a name change during the divorce proceedings, he or she must ask the court to reopen the case. Judges have discretion in deciding whether or not to issue an amendment to a final judgment of a dissolution of marriage document, so if a judge declines to reopen the case, the former spouse must submit a petition for a name change.
Filing a Name Change Petition
In order to file a name change petition, a petitioner must collect a series of documents that show proof of identity, which may include:
- A passport;
- A state driver’s license;
- A birth certificate;
- Relevant hospital records;
- An adoption decree; or
- A certified copy of a Florida divorce decree.
These documents are meant to reveal specific identifying information about the petitioner, including:
- Confirmation that he or she is a resident of Florida;
- The date and place of birth as well as the names of his or her parents;
- The names and ages of any children;
- Whether there is evidence of a previous name change;
- His or her occupation and educational background;
- Whether he or she has ever filed for bankruptcy; and
- Whether he or she has a criminal record.
The court will also confirm that the petitioner is not seeking a name change for an illegal purpose and that granting the restoration of the name will not invade the property rights, such as a claim to a copyright, of someone else.
Unlike petitioners who are attempting to change their names to something completely new, former spouses who only wish to reassume their old names are not required to submit fingerprints to the Federal Bureau of Investigation or undergo a background check. This significantly shortens the waiting period for obtaining an official name change. Furthermore, hearings on petitions for the restoration of a former name are held immediately after the petition is filed.
The process of filing a name change petition can be complex, even if the petitioner is attempting to restore a prior name. If you are considering a divorce or have already been granted a dissolution of marriage, and are interested in restoring your maiden name, please contact the experienced West Palm Beach family law attorney William Wallshein to schedule a free initial consultation.
Seeking a Name Change For Other Reasons
If the decision to change your name is for another purpose other than marriage or divorce, you must file a Florida Petition for Change of Name of an Adult. Petitions for name changes must contain certain information, including:
- Present name and desired future name
- Birth date and place
- Father’s name and mother’s maiden name, as well as names of certain additional family members
- All residences since birth, including current residence
- All occupations held in the past five years
- Any former names, and what courts were involved in those name changes
- Purpose of the name change
- Educational information, if petitioner is a professional
- Criminal history
Petitioners must be fingerprinted and pass both state and federal background checks, and they must file the petition in a Florida court. After the paperwork is submitted, a court may hold a name change hearing to rule on the petition. If there are no objections to the change before the hearing date, a judge may grant the petition without a final hearing. After the petition is granted, the judge issues a court order in the form of a Florida Name Change Judgment that qualifies as your certified name-change document to be submitted to the appropriate agencies.
Discuss Your Name Change Petition with a West Palm Beach Lawyer
Filing for a name change can be a time-consuming and complicated process, requiring extensive information as well as organization. I am a West Palm Beach family law attorney who has been helping clients seek official name changes for 25 years. My name is William Wallshein, and I have the knowledge and skill to make sure your petition is filed properly. Whether you are seeking a name change following a marriage or divorce, or for another personal reason, I can assist you in filing your petition in Jupiter, Palm Beach, or other cities in South Florida. Please call 561-533-1221 or contact me online to schedule a free initial consultation,
