What do I need to do to change my last name to my husbands?
Full Question:
Answer:
The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a marriage certificate as proof of name change.
The process for obtaining a name change for an adult in Florida begins with the filing of a petition with the superior court in the jurisdiction in which the petitioner resides. The petitioners must attach to the petition an FBI fingerprint card for each individual getting a name change. The petition informs the court of the Petitioner's name, the name the petitioner wishes to adopt, information about the petitioner required by statute such their education, marital status, and the reasons for the requested change of name. The hearing on the name change may be held immediately after it is filed. If the court finds that the requirements of the law have been satisfied and no reason exists for not granting the petition, the order will be issued by the court. Thereafter, the petitioner is free to assume their new name.
The following is a Florida statute:
68.07 Change of name. —
(1) Chancery courts have jurisdiction to change the name of
any person residing in this state on petition of the person
filed in the county in which he or she resides.
(2) The petition shall include a set of the petitioner's
fingerprints taken by a law enforcement agency except where
a former name is being restored and be verified and show:
(a) That petitioner is a bona fide resident of and domiciled
in the county where the change of name is sought.
(b) If known, the date and place of birth of petitioner,
petitioner's father's name, mother's maiden name, and where
petitioner has resided since birth.
(c) If petitioner is married, the name of petitioner's
spouse and if petitioner has children, the names and ages of
each and where they reside.
(d) If petitioner's name has previously been changed and
when and where and by what court.
(e) Petitioner's occupation and where petitioner is employed
and has been employed for 5 years next preceding filing of
the petition. If petitioner owns and operates a business,
the name and place of it shall be stated and petitioner's
connection therewith and how long petitioner has been
identified with said business. If petitioner is in a
profession, the profession shall be stated, where the
petitioner has practiced the profession and if a graduate of
a school or schools, the name or names thereof, time of
graduation, and degrees received.
(f) Whether the petitioner has been generally known or
called by any other names and if so, by what names and
where.
(g) Whether petitioner has ever been adjudicated a bankrupt
and if so, where and when.
(h) Whether petitioner has ever been arrested for or charged
with, pled guilty or nolo contendere to, or been found to
have committed a criminal offense, regardless of
adjudication, and if so, when and where.
(i) Whether any money judgment has ever been entered against
petitioner and if so, the name of the judgment creditor, the
amount and date thereof, the court by which entered, and
whether the judgment has been satisfied.
(j) That the petition is filed for no ulterior or illegal
purpose and granting it will not in any manner invade the
property rights of others, whether partnership, patent, good
will, privacy, trademark, or otherwise.
(k) That the petitioner's civil rights have never been
suspended, or if the petitioner's civil rights have been
suspended, that full restoration of civil rights has
occurred.
(3) The hearing on the petition may be immediately after it
is filed.
(4) On filing the final judgment, the clerk shall, if the
birth occurred in this state, send a report of the judgment
to the Office of Vital Statistics of the Department of
Health on a form to be furnished by the department. The form
shall contain sufficient information to identify the
original birth certificate of the person, the new name, and
the file number of the judgment. This report shall be filed
by the department with respect to a person born in this
state and shall become a part of the vital statistics of
this state. With respect to a person born in another state,
the clerk shall provide the petitioner with a certified copy
of the final judgment.
(5) The clerk must, upon the filing of the final judgment,
send a report of the judgment to the Department of Law
Enforcement on a form to be furnished by that department.
The Department of Law Enforcement must send a copy of the
report to the Department of Highway Safety and Motor
Vehicles, which may be delivered by electronic transmission.
The report must contain sufficient information to identify
the petitioner, including a set of the petitioner's
fingerprints taken by a law enforcement agency, the new name
of the petitioner, and the file number of the judgment. Any
information retained by the Department of Law Enforcement
and the Department of Highway Safety and Motor Vehicles may
be revised or supplemented by said departments to reflect
changes made by the final judgment. With respect to a person
convicted of a felony in another state or of a federal
offense, the Department of Law Enforcement must send the
report to the respective state's office of law enforcement
records or to the office of the Federal Bureau of
Investigation. The Department of Law Enforcement may forward
the report to any other law enforcement agency it believes
may retain information related to the petitioner. Any costs
associated with fingerprinting must be paid by the
petitioner.
(6) A husband and wife and minor children may join in one
petition for change of name and the petition shall show the
facts required of a petitioner as to the husband and wife
and the names of the minor children may be changed at the
discretion of the court.
(7) When only one parent petitions for a change of name of a
minor child, process shall be served on the other parent and
proof of such service shall be filed in the cause; provided,
however, that where the other parent is a nonresident,
constructive notice of the petition may be given pursuant to
chapter 49, and proof of publication shall be filed in the
cause without the necessity of recordation.
(8) Nothing herein applies to any change of name in
proceedings for dissolution of marriage or for adoption of
children.
