How to Legally Change Your Name in New York

It’s a new day….and time for a new last name.  There are various reasons people want to change their names.  This post will primarily focus on the process for changing your name incident to a divorce.

Most Judgments of Divorce grant the ex-wife permission to resume using her maiden name (or surname).  If this is the case, there is no need to file a Petition for Name Change or be subject to any additional court proceeding.  You may proceed to notifying government agencies and other institutions about your name change.  However, if the court did not grant you permission to resume using your maiden name or if you are changing your name for another reason, you will need to file a Petition for Name Change.

To file a Petition for Name Change, you must be a resident of the State of New York.  If you were born in the State of New York, a birth certificate with a raised seal, is required.  If you were born outside the State of New York, a birth certificate, baptismal certificate or any other legal document showing record of birth is required.  Any resident of New York State seeking a name change will have to file a Petition in the county in which he or she lives.  If you live in New York City, though, you may file the Petition in any civil court in the City of New York.  There is a $65 filing fee in New York City Civil Court or a $210 filing fee in Supreme & County Court.  A date for a hearing with the judge will be scheduled when the Petition is filed.  At the hearing, you must express your reason(s) for seeking a name change.  If it is because you are recently divorced, a copy of your Judgment of Divorce would be helpful.  Once the judge grants your Petition, the final step is to publish your name change in the newspaper.  Different newspapers have varying rates for publication.  It is important to note that name changes are public record.  Therefore, you should notify the clerk if you would like the record sealed (for example, in cases of domestic violence).

In either case, whether you are changing your name because of divorce of other another reason, you must notify various institutions including:

U.S. Social Security Administration (“SSA”) Office – You will need to complete the SS-5 Form.  You may find the form online here.  You will need to provide the SSA with a copy of your birth certificate or passport, a state-issued identity card (e.g., drivers license) and Judgment of Divorce or Name Change Order.  Next, mail the application to your local SSA office. Your new social security card should be mailed to you within six weeks.

NYS Department of Motor Vehicles (“DMV”) – You will need to change your name in person at your local NYS DMV office.  You can find a directory of NYS DMV offices here.  You will need to provide them with a copy of your Judgment of Divorce or Name Change Order and your previous state-identification.  Your new NYS drivers license should be mailed to you within six weeks.

U.S. Department of State Office –  If you have a passport, you will need to change your name with the U.S. Department of State.  You will need to complete the DS-5504 Form. You may find the form online here.  You will need to provide the U.S. Department of State with your most recent U.S. passport book and/or passport card along with a passport photo and a copy of your Judgment of Divorce or Name Change Order.

Financial Institutions– You will need to notify each of your financial institutions of your name change for each of your accounts including, but not limited to, your checking and saving accounts and credit cards.  Provide each institution with a copy of your Judgment of Divorce or Name Change Order.

Employer –Make sure to notify the payroll department at your current employer of your name change.

Voter Registration– If you are registered to vote in New York State, change your name with the New York State Board of Elections.  To change your name and/or address, you should complete a Voter Registration Form.  This can be found online.

Credit Bureaus– I suggest notifying any credit bureaus of your name change.  You can run a free annual report with each agency at www.annualcreditreport.com to monitor the accounts in your name.  I suggest writing a letter to each agency alerting it of your name change and any other information that is incorrect on your credit report.

Insurance Companies– Please make sure to contact every insurance carrier and inform them of your change of name.

Utility Companies– Please contact each of your utility companies, including your telephone provider(s), and inform them of your change of name.

U.S. Postal Service– You may also wish to alert your post office of your change of name.

I suggest seeking guidance from an attorney licensed in your jurisdiction for specific questions according to your circumstances.