Legal Question in Family Law in California

I want to have my name changed and use my middle name as last name as I want to follow my family tradition. My children also will be using the same last name as me instead of it being their middle names. Our passports carry the name i want to have changed. Will I need to go through the long process of legal name change when all I am doing is make a small change in the name? Also, if I move back to another country in the next 6 months, will I even need to go through any legal name change in the US or can i just change the names of all 3 of us on the passport when it is time to renew it? Would it be illegal for me to use use the desired name without having papers to prove it? Pl advice, thanks!


Asked on 8/04/11, 9:31 am

1 Answer from Attorneys

Brian McGinity McGinity Law Office

It really isn't a question of illegal or legal. It is a question of identity and a question of fraudulent intent. First, anyone can change their name to whatever they would like. Although, the U.S. Supreme Court did not allow someone to change their name to: "none of the above" for the purposes of running for political office. (Small joke). However, in California it is simply a question of petitioning the court and making an announcement in local newspaper stating what your current name is and what name you want to change it too. In California, an individual can also just start using an alas and if they use it for at least 5 years their name is considered changed. However, there are pitfalls. In order to change your name on official documents, and to be able to be completely known by your new name it is best to petition the court. Then you can change your name on your official documents such as Driver's licenses, passports and other important documents. I'm not sure of what long process your referring too, because I don't believe the process is that long. I have no idea of what other countries require when it comes to changing one's name so I can not answer that part of your question. It also sounds like your not using a U.S. Passport so I have no idea of what requirements you would have to fulfill when it comes to other countries. However, you will always be asked if you have ever used another name on any application for an official document.

The information provided is based on the general principles of law and should not be considered legal advice. This response is not covered under the Attorney-Client privilege and it has not created an Attorney-Client relationship.

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Answered on 8/04/11, 9:46 am


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