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Pooh-Bah
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Pooh-Bah
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In reply to:
but my understanding of U.S. law is that anyone may change his/her name at any time without any formal legal process provided it is not done with the intent to defraud someone.
Like everything else, BYB, it varies from state to state. You have stated the basic common law rule. Some states have not changed from that rule, some states have substituted statutory procedures, and some (like Michigan) recognize both common law and statutory procedures. For what it's worth, in issuing passports the feds will recognize a name change legitimate in the resident state, including a common law change.
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Carpal Tunnel
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Carpal Tunnel
Joined: Nov 2000
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BobY ... I am so impressed. Didn't think there was anybody but me who remembered those etiquette rules for names! Mercy! Deed Poll you can do it in New Hampshire. I incorporated the name my Hawaiian friends gave me into my legal name by Deed Poll. Includes visiting Clerk of Court at the County Courthouse, filling out the form -VERY carefully - and submitting it to Clerk. I was notified when to appear before the Judge and I spent about an hour in court awaiting my turn. (A judge schedules all the Deed Poll requests for one morning a month.) He asked me "why" and he accepted my reason and that was it. The Clerk mailed me an official notice of change. Cost $30. anyone may change his/her name at any time without any formal legal process provided it is not done with the intent to defraud someone.True. My Father was baptised Francis and used Frank from about age 12. It was his legal signature. Only one boyhood friend called him Francis which caused some confusion when he visited because we called Frank Jr. Francis! Brother Francis was legally Frank Jr. and all his contemporaries called him Frank. Has anyone followed all that? Ah, well! 
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Joined: Aug 2000
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Carpal Tunnel
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Carpal Tunnel
Joined: Aug 2000
Posts: 3,409 |
Interesting that in NZ one should be unable to make a desired name change. I am familiar with the English term 'deed poll', a formal application to do so, but my understanding of U.S. law is that anyone may change his/her name at any time without any formal legal process provided it is not done with the intent to defraud someone.
The law is similar here, but, here at least, passports are legal documents, and require one's legal name on them. The man in question could have changed his name by deed poll, at a cost of around $170US. The law here apparently allows for a woman to change her legal surname to that of her husband without having to do so by deed poll, and that was the problem in the case I mentioned. The gentleman assumed that the law would allow him to do the same, but it did not. I guss that prior to applying for his passport, he had just been using his wife's surname as his own, unaware that a change by deed poll would be necessary.
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Joined: Jan 2001
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old hand
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old hand
Joined: Jan 2001
Posts: 1,156 |
The law is similar here, but, here at least, passports are legal documents, and require one's legal name on them. The man in question could have changed his name by deed poll, at a cost of around $170US. The law here apparently allows for a woman to change her legal surname to that of her husband without having to do so by deed poll, and that was the problem in the case I mentioned. The gentleman assumed that the law would allow him to do the same, but it did not. I guss that prior to applying for his passport, he had just been using his wife's surname as his own, unaware that a change by deed poll would be necessary.
When I got married last year (in Manitoba) I found it a little strange but also pretty neat that either husband or wife could change their name, without a "deed poll", just using our marriage certificate as proof, and the change could include hyphenating, using both as last name, moving one to a middle name and taking the new one as last name (which is what I did), or not changing at all. But both men and women could do it. I don't know...I guess I'd just assumed the laws were more archaic than that!
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Joined: Mar 2000
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Carpal Tunnel
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Carpal Tunnel
Joined: Mar 2000
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When I got married last year Congratulations, Mrs. T.! 
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Joined: Jan 2001
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old hand
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old hand
Joined: Jan 2001
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Congratulations, Mrs. T.!
Yes, and since we live in Canada, you could say we are part of the Eh-Team. [gagging noises]
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Joined: Nov 2000
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Carpal Tunnel
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Carpal Tunnel
Joined: Nov 2000
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It is my understanding that, in Scotland, if a woman is the last of her line and she marries, she and her husband may petition the Standing Council of Chiefs to have her maiden name assumed by her husband so the line may continue.
Any Scots among us who might clarify, deny, correct or confirm?
wow
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