Basics of a legal name change
A legal name change is an act, statute, or court decision that formally calls for a person, business, or place to be known (or renamed) as something different. In Wisconsin, there are a number of basic legal processes that one must go through to successfully change a legal name. The most common reason for a legal name change is marriage or divorce although a name can also be changed in a court proceeding by petitioning the court. Setting the state’s motions and statutory requirements aside , there is potential psychological, societal, and religious meaning to the change and choosing a name should be considered carefully. The decision to change your name is a big step that some view as freeing, and others view as more significant.
When to hire a lawyer for a legal name change
A legal name change requires navigating complex rules and following specific procedures. But fortunately, legal name changes are routine for name change lawyers, so they know exactly what needs to be done. Court proceedings are required for some types of legal name changes, and a legal name change attorney will not only perform their legal duties but will advise you on other matters as needed so things happen smoothly – like correcting your driver’s license or birth certificate. Your name change lawyer will know where and how to properly publish your name change for cases that require it.
Your options on legal name changes
The specific steps to legally change one’s name will vary depending on the applicable state or national laws. However, some steps are generally common to many name change processes. First, a legal name change typically begins by filing a name change petition with the applicable court. This petition will usually provide relevant background information about why the name change is sought. Most name change petitions will also require a fingerprint card and an associated criminal background check. If the court does not see an issue with the background check or other relevant information, the court will usually hold a hearing to confirm the name change. Once the final order is signed by the judge, the process will then move on to making the change with various relevant government agencies and other institutions.
While a simple name change might not seem like a complex legal matter, there are several issues that arise in even the most straightforward of cases. Various issues could arise that complicate things and make the case more contentious. Hiring an experienced legal name change attorney is often the best way to avoid unforeseen problems with the name change process. Having a dedicated name change attorney on your side throughout each of these steps can help to ensure a smoother transition.
Legal name change expenses
While the total cost of pursuing a legal name change varies from state to state, a few costs are common. Besides form fees and expenses, there are, generally speaking, two kinds of fees that a person can expect when pursuing a legal name change: court fees and legal fees.
Filing fees. All name changes require court paperwork to be filed. In most states, there is a filing fee for that paperwork, ranging anywhere from the low double digits to over $300. Some states also have an additional "service fee" in addition to the filing fee that needs to be paid for the court to mail out service copies to interested parties after the order is signed.
Publishing fees. If you have to publish your name change, this publication can be relatively inexpensive or quite costly, depending on what local newspapers you are using and how often the name change has to be published. Where local newspapers cost more, this kind of expense quickly adds up.
Legal fees. If you choose to have a lawyer help you with your name change, you can expect to pay some sort of legal fee as well . There are generally two kinds of fees for cases like these. One is called an "initial retainer" and is generally required by lawyers in order to get started on a case. The second is an hourly fee and is the amount of money that a lawyer bills clients for the time that it takes the lawyer to work on the case.
Depending on state law, your attorney may not be allowed to represent you. Where this is the case, you will be forced to go without the assistance of a lawyer, or to seek the services of a "legal document preparer." If you check your state statutes and find that you are completely out of luck in the legal department, look for a local legal aid group. They may know of legal services in the community to refer you to.
Engaging an experienced lawyer can help you to manage and anticipate probable costs. This means that you won’t have any surprises lurking within the name change process. Having a legal professional on board can also give you a reliable estimate of your personal financial responsibility for pursuing the change.
How to choose the right legal name change authority
Experience and Reputation: Start by looking for a legal name change lawyer who has a proven track record in handling name change cases. Look for someone who specializes in this area of law and has represented clients in your jurisdiction. You can check their online profiles, look for their success stories, and even ask for recommendations from friends, family, or colleagues who have undergone a legal name change.
Client Reviews: Client testimonials can give you insight into a lawyer’s approach and expertise. Look for reviews on their website or third-party review sites to get an idea of their reputation. Positive feedback is an indication of good customer service, while negative reviews may signal problems to consider.
Communication and Availability: Name changes can require multiple consultations and plenty of back and forth with your lawyer. Ensure that the attorney you choose has effective communication skills. Someone who listens to your concerns attentively and can explain the legal process in an easy-to-understand manner will be vital. Also, consider their availability and how they communicate – whether through office hours, phone calls, emails, or text messaging – to find the most suitable match for your needs.
Fees and Costs: Name changes can sometimes be costly, depending on the jurisdiction and circumstances. Shop around and compare fees and services. Remember that you get what you pay for, so don’t automatically choose the cheapest option. Evaluate the fee structure to see if it is an hourly rate, a flat fee, or contingent upon the success of the application, then determine which you prefer.
By carefully considering these factors, you can select a qualified legal name change lawyer who meets your needs and will help to simplify the process.
Actual cases of legal name changes
Take for instance one of our clients, a single parent requesting a change of name for her son. She was afraid of a more drawn out process due to the child’s father fighting it. We applied for the name change, and the father did contest it. After several months of mediation with the Father and Attorney we were able to work out a compromise where the name was changed by the Father agreeing with shared vision of the child’s future.
Another example is another single parent who wished to have a different last name for herself and for her child. It was something she always wanted, however her ex-husband could potential be obstinate with it. We were able to file the application , and avoid any court appearance. It is now just a little bit easier and less confusing for her.
The final example is the easiest of all. A recent high school graduate who came to the US for college wanted to change her name to have the same last name as her sponsors in the US. They had agreed that it would be easier if she changed her name and would enable her to get a credit card under the new name. We filed the application, and went to one hearing. It was approved. As easy as it could possibly be, this is a short story of how a legal name change lawyer can simplify the process to suit your needs.