An Overview of Legal Name Change in Illinois
Legal name changes involve submitting a petition (that’s the "legal" part) to a court and, upon demonstrating to a judge that you have a good reason to change your name, winning the right to do so. Illinois has legal guidelines for name changes before and after marriage. Under the Illinois Marriage and Dissolution of Marriage Act post-marriage name changes are automatic. If you take your spouse’s name, then you take his or her surname, regardless of whether you fill out a request with the court. If you revert to your maiden name after divorce, that’s also automatic.
However, not all name-change requests take place within the context of marriage or divorce. Sometimes people named Smith wish to be called Jones. Sometimes a birth certificate contains a spelling error that needs to be corrected. Other reasons for seeking a legal name change might include: positive recognition of a gender transition , adoption, artistic preference, career enhancement, personal security, religious or spiritual enlightenment, or personal preference.
The law governing legal name changes in Illinois is quite old, remaining bluebooked and unchanged for nearly 100 years. The law does provide the court system broad discretionary powers to allow or deny a legal name change request. The law also prohibits a name change that could defraud creditors. A fraudulent name change is obvious. Obviously, it’s fraudulent to change your name to James Winda for the sole purpose of avoiding an unpaid judgment in the amount of $10,000. A less obvious provision prevents name changes that have the potential to create family confusion and division. For example, mom and dad can’t change their child’s name to Barak Obama II and Barak Obama III.
Who Can Get a Name Change?
In the state of Illinois, a legal name change is primarily governed by 735 ILCS 5/21-101, as well as by the Circuit Court Rules of the state’s various judicial circuits. To be eligible to petition the Circuit Court to legally change your name, you must be at least 18 years of age and a resident of the county in which you are requesting the name change.
In addition, there are certain disqualifications that can prevent you from successfully petitioning the court for a name change. These disqualifications include:
If you are not a resident in the county in which you are requesting the name change, you can obtain a short-term residency waiver for either one or two years (depending on the circuit court). Additionally, if you cannot afford to file the petition, you can file an application to sue as a poor person to request a fee waiver.
A typical petition for an individual adult to change his or her name costs about $150 as of the publishing of this article. Fees for juvenile name change petitions are substantially higher, often around $200 in Cook County.
Filing for a Name Change
In all Illinois counties except Cook County, you must file a petition with when asking the court to legally change your name. In Cook County, you must file a motion. The petition/motion you file needs to include your current name, the name you want to use and your date of birth. You must file your petition with the circuit clerk’s office in the county where you live or where you were born. On your petition, you must provide information about your spouse, and information about your children if there are any.
You will be charged a filing fee which varies from county to county; in Cook County it costs $253 (as of March 2015). You may be able to ask the court for a waiver of the fees, depending upon your income. Bottom line, you must be able to pay the filing fee one way or another. Even if you get a fees waived, the courts still will require that you use an attorney.
If you will be filing your petition in Cook County, please refer to this article for specific instructions for Cook County.
Hearing for the Name Change
The name change hearing process will begin with the judge confirming that you have met all of the statutory requirements. If so, the judge will begin by swearing you in or taking your testimony. This often means that the judge will ask you several questions, such as if you are seeking a name change to avoid criminal prosecution or if you have been convicted of a felony. You may also be asked several questions about how long you have lived in your current county as well as your residence during that time. You will also need to testify that you understand the process of legal name change and that you will not try to defraud others by obtaining or using a new name. Lastly, you will be asked to spell your full name for the court.
If your name change request is granted and the Judge signs an order, the order will not be immediately entered into the record. This is to give other interested individuals time to request that the ordered name change be cancelled or they may appeal the order. If there is another party, such as a former spouse or other family member, that has standing to file an objection then the hearing will occur at a later date. The official name change will not occur unless 45 days have passed from the date the order is entered, at the earliest and until the Judge hears any objections.
Evidence does not need to be submitted to the court beyond what is stated above. However, the court often makes a determination based on the testimony of the Petitioner without any corroborating evidence. A record will be made by a reporter, but this is not necessary in most divorce name change matters where the parties are usually not even present.
Although it is not necessary, a name change order will be prepared for your signature after the hearing. After the order is signed, the court will enter a judgment. It is important that you make sure this is done because the name change does not actually go into effect until the judgment order is entered.
Publishing Notice of the Name Change
If you do not have an exemption from the requirement to publish a notice of intent to change your name, the next step is to publish this notice in a local newspaper. You may either request that a newspaper publish your notice or petition the court to waive this publication requirement.
Relying on the fact that you either already obtained a waiver or were exempt from publication, the next step is to go to a newspaper of general circulation in the area in which you live and request a publication for the name change. The notice will be published once and each applicant will receive a tear sheet (or certification from the publisher) confirming publication. A sample notice is listed below:
IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
______ COUNTY, ILLINOIS
IN THE MATTER OF THE CHANGE OF NAME OF (PETITIONER’S NAME
BEFORE: THE Honorable (NAME OF JUDGE)
Petitioner, (PETITIONER’S NAME)___________________
Notice is hereby given to all persons concerned that on the ___________ day of ____________, _________ at _____ .M. , a Petition Was filed by (PETITIONER)________________________, praying for entry of an order to change his/her/their name from ______ (FORMER NAME)_____________________________________________________ to (NEW NAME) ___________________________________________.
(First Published Month, Date, Year, in a County Newspaper) (Second Published Month, Date, Year, in a County Newspaper)
The Name Change Decree from the Court
For an Illinois Adult Name Change Petition to be successfully accomplished, the approval of the court is essential. Once the Judge approves your Petition to Change Your Name, the court will typically provide you with a "Name Change Order". This Name Change Order will specify your new name as well as the date the Name Change became effective. In addition, there are other documents issued by the court which enable you to legally change your name including a "Certificate of Name Change" and a "Name Change Decree".
The significance of receiving an Illinois Germain Certificate of Name Change is twofold. First, the document itself specifies the official change to your legal name. Second, the Name Change Certificate in Illinois serves as documentary evidence of that official Name Change . While the Illinois Courts will not necessarily require you to show the Certificate of Name Change in order to prove your Name change to third parties, persons may ask to see such documentation when you attempt to legally change your name in social security records or on government-issued identification cards such as a Driver’s License or Passport.
Both the Certificate of Name Change and the Name Change Decree (a/k/a Name Change Order) become official Court documents which is important because in a court of law, a Judge’s Order is the law. This is especially important when you try to prove your new name to banks, creditors, insurers, governmental agencies, etc. Often third parties are leery of taking your word about what your legal name is and will insist on seeing proof in the form of a court order substantiating your change of name.
Updating Your Official Records
Once your name change has been approved by the court, you are not automatically given a new name on legal documents. It is up to you to contact the various agencies and institutions to have your name changed in their records. This is a list of some of the major places you will need to contact for a name change. Identification: As soon as your divorce or name change has been finalized, you will want to get an updated driver’s license or state ID issued by the Secretary of State. You will also want to request an updated social security card as soon as possible. In most cases, a new social security card will be mailed to you, free of charge. Passports: If you have been granted a name change, you must obtain a new passport, even if your passport was issued under a year ago. You may not use the same passport and a different name. You will want to submit a passport application. This will allow you to get a new passport issued under your new name. Tax records: If you have been granted a name change, you should notify the IRS and the Illinois Department of Revenue. They may ask for a copy of your courtordered name change. Employment records: Notify your employer and any professional licensing organizations that your have a professional license that you wish to be updated. Banks, credit cards and department stores: You may be asked to provide a copy of the court order approving your name change as well as identification.
Name Change & Minors
Changing the name of an Illinois minor brings with it a unique set of considerations and requirements, different than those for adults. Parental consent is required for a parent or a legal guardian to initiate a name change for a child, and must be sought from every parent sharing legal custody. When only one parent is given such authority, then a simple written consent form will suffice; however, when both parents share legal custody of the child, written consent forms provided by both parties are required.
If both legal parents are willing and able to cooperate with the petition for name change, then a standard petition form should suffice. If the minor is sixteen years of age or older, he or she must also consent to the name change by signing a consent form. If the minor is under age 16, then the judge has the ability to waive the minor’s consent if the circumstances so warrant.
In addition to the above requirements, any individual or agency that has been given authority or power over the care of the minor through a Family Court order, legal guardianship, foster care, or similar arrangement must be provided notice of the proposed name change and an opportunity to respond. This particular requirement is meant to prevent or deter fraud on behalf of persons with a duty to care for the minor, and to ensure that such persons are not forced to terminate the minor’s residency with them upon issuance of the name change.
If the minor is 18 years or older, he or she may petition for and receive a name change independently of the parents that would require neither the minor’s nor the parents’ consent.
Common Name Change Problems and Solutions
However, there are common challenges people may run into when filing a legal name change. Below are several issues and their potential solutions.
1. Out-of-State Child Support Orders
While the laws are different in each state, a court order entered in one state may be subject only to that state’s jurisdiction, even while the child moves to a different state. A parent who hopes to have a child support order modified will have to first determine what law applies to the order that is already in place. For example, parents living in Illinois likely signed a child support order in an Illinois circuit court under Illinois child support guidelines. If the receiving parent moves to Texas, he or she may then file a request for a modification of the order with the local Texas court as it pertains to the Texas location only. The Texas court will not generally have jurisdiction to modify the order in its totality, however. For that , the receiving parent must return to Illinois.
2. Issues with the "No False Name" Requirement
A big concern for those wishing to legally change their name in Illinois is that the law requires that the change of name cannot be done for fraudulent reasons or criminal purposes. The individuals who change their name are generally not breaking the law, but there are a few things to keep in mind to avoid a challenge.
3. Real Estate Issues
When an individual changes his or her name, it is important to ensure that all of the real estate owned by that person is changed to reflect the new name. In other words, the individual cannot sell a property in his or her former name. It is not good enough to convey title from you, (a person with your former name), to you (a person with your new name). Instead, you have to convey title from the legal name you used while the former name was your legal name.
4. Criminal Backgrounds
For those with a history of criminal convictions, it is vital to have legal representation for the process of legally changing a name. Fingerprinting and additional paperwork may be required by the court, and an attorney with experience in legal name changes will know the correct procedures in order to avoid any mistakes.
