Legal Question in Family Law in Illinois

Re: Illinois Name Change via Common Law

In the State of Illinois, there is a website that gives you all the information, forms, etc for free and the step by step process for achieving the goal of changing your name. That website can be found at http://www.illinoislawhelp.org/Education/FamilyJuvenile/Namechange.htm

Hopefully you are successful in your process.

Mike

Re: Illinois Name Change via Common Law

The term "common law" means that the right or privilege has evolved from the previous court decisions and legal system; therefore, there is no statute required. In Illinois a person may simply adopt a name different than the one on his birth certificate so long as the change is not for any illegal purpose such as fraud, misrepresentation, etc. As you know, a person woman may adopt her husband's surname (or vice-versa). This is a common law right in all states. Having said this, most persons find it more convenient and expeditious to change their name by court order, which requires one to petition a circuit court for a change of name which is routinely granted. Banks, government agencies, employers, etc. also prefer a formal court order granting the change of name, rather than your explanation that it is your common law right to change your name. You can obtain a legal form from various websites, legal supplies stores, and attorneys to petition for a name change. It is simple, quicker, and not costly.