The Basics in Florida
Absolutely! A name change or restoration of a former name is pretty simple, legally speaking. There are always those problem cases that come up, but this is not common in these types of cases. Changing your name in Florida involves a legal process that allows you to obtain a court-ordered new name. Most commonly, you see a person, normally the wife, request a name restoration in a Divorce case (Dissolution of Marriage). However, a new name can be requested outside of a divorce. A petition for name change can contain a request for a single individual, or the request can be made to change the name of an entire family. Here is helpful information that will assist you in learning more about requests for a new name or restoration for a former name. Deciding whether filing a petition for name change is right for you is not an overwhelming tasks.
How Does Getting a New Name or Restoring a Former Name Work in Florida?
Florida Statute 68.07 is the main source of guidance for a name change in Florida. Under § 68.07, the Circuit Court has the power to change a person’s name. § 68.07 does not apply to name changes in divorce cases or adoptions. Those processes are a bit simpler. When a person wants to change his or her name, Florida law requires you to file a proper petition. A petition is simply a request to the court. You or your attorney must file the Petition for Change Name in the Family Division of the Circuit Court. Other family law related matters will be in the family law division also. You or your family law attorney must file in the Florida county where you live.
Next, the petition must include necessary personal information, such as your current name, the new name you desire, your date and place of birth, and other relevant details. You must also include information regarding any past names that you may have used, professional licenses you currently hold, criminal history, any past bankruptcies, whether there have been any judgments against you, and other facts about your past.
Background and Criminal History Check
An accurate history is important, because one thing that can block a name change is a determination that the petition is being filing for an “ulterior or illegal purpose”. As part of the process, you must undergo fingerprinting and a criminal background check. Before the court hearing on your petition for a name change, you’ll need to submit fingerprints results from your state and national criminal history records check. These results are not sent to you. The Florida Department of Law Enforcement (FDLE) will send the results directly to the clerk of courts in your county. The clerk then provides the results to the judge presiding over your name change. The court will review your petition and evaluate whether to grant the name change.
Mostly, the proceedings will go smoothly. In situations where people do not provide accurate information, where a person is attempting to avoid paying past debts, or if the judge finds other valid reasons to deny the petition, the court will not grant the petition.
New Name for a Child
Sometimes, it is necessary for a name change for a child. An example would be a situation where the child did not take the father’s name initially. In this circumstance, the father may request that the child’s last name is changed to his name.
An additional example would be a circumstance where the child’s mother has (1) remarried and taken the name of her new husband, (2) has other children who also has her new husband’s name, and (3) there is no consistent involvement in the child’s life from the natural or biological father, and (4) the mother wants the child to have the name of the other in the household. Mostly, this is due to a desire to avoid the child feeling alienated because his or her name is different than everyone else’s name. In a circumstance such as this, the court will decide whether or not changing the child’s name is in the child’s best interest. The father will have an opportunity to oppose the petition, if he does not agree for his child’s name change.
Updating Official Identification
After obtaining a court-ordered legal name change, follow these steps to update your identification documents:
- Social Security Card: Update your social security card with your new name.
- Driver License: Visit the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to update your driver’s license.
- Passport: Update your passport with the U.S. Department of State.
- Birth Certificate: Request an updated birth certificate reflecting your new name.
Lastly, remember that this process is essential for ensuring consistency across official records and identification. If you’re ready to update your name, our name change and family law attorneys can help. This information is here only as general guidance, but we always recommend consulting with one our legal professionals for specific advice related to your situation. This article is not a substitute for legal advice from a licensed Florida attorney.