In Queens, NY you can use whatever name you want. However, if you want to use your chosen name on official documents, you’ll have to make the change formally. As a name change lawyer in New York, we’ve helped many clients to change their name.
Reason for the Name Change
There are three distinct processes for a legal change of name in adults. The reason for the name change determines which process needs to be followed.
Marriage
When you get married in New York you can choose the name you would like to be known by. Common options include taking your new spouse’s surname or combining both surnames to create a double-barreled name. You can change your name after you get married by putting your preferred new name on the marriage license application.
Divorce
After you divorce, you can return to any surname that you have previously used. You will need to ask the court’s permission to do so; if granted, it will be detailed in the divorce judgment. You can use the divorce judgment to change your name on official documentation, such as your driver’s license. You can’t use this process to ask for permission to use a new surname that you have not been previously known by.
Other Reasons
If you have a different reason for changing your name, you must ask the Supreme Court for permission to legally change your name. You can do this by filing a petition with the Supreme Court. This petition will ask you to explain the reason for the name change and supply proof of your current name via a birth certificate.
A judge will decide whether you can proceed with the name change. Once a decision has been made, you will either receive a court order confirming the name change or a notice rejecting the request. If your name change petition is rejected, you may be able to submit an appeal.
Can a Judge Refuse the Name Change?
You don’t have the automatic right to a change of name which means that the request can be refused. In practice almost all requests will be granted. However, if the court feels that there are dubious grounds for the change of name, the request may be refused. This might include changing your name to commit fraud, to hide from your debts, or if the new name is offensive.
Get Help From a Name Change Lawyer
A lawyer who is experienced in dealing with name changes will ensure that you have the best chance of your petition being granted. They can also deal with any mandatory requirements such as letting interested parties know about the petition. This might apply if there are bankruptcy proceedings or a court order to pay child support. They can also request that the records are sealed if the change is needed for reasons of safety.
Get in touch with our friendly team here at Simon & Gillman, LLP in Queens, NY to find out more.
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