Full question:
I AM A CDL DRIVER. WHEN I WAS A CHILD MY MOTHER CHANGED MY NAME THROUGH THE COURTS TO MY STEP FATHERS NAME. WHEN I BECAME AN ADULT BEFORE SEPTEMBER 11 I TOOK MY BIRTH CERTIFICATE TO THE DEPARTMENT OF MOTOR VEHICLES AND TO SOCIAL SECURITY AND CHANGED MY NAME BACK TO MY BIRTH NAME. NOW MY COMPANY IS STATING THAT I NEED TO LEGALLY CHANGE MY NAME TO MY CURRENT NAME. IS THAT NECESSARY? SINCE ALL OF THIS WAS DONE BEFORE SEPTEMBER 11, MY BIRTH CERTIFICATE WAS NEVER CHANGED, AND I WAS NOT ADOPTED, IS JUST GOING TO BE A LEGAL RUN AROUND. PLEASE ADVISE.
- Category: Name Change
- Date:
- State: Virginia
Answer:
The need for a legal name change can arise from various situations, including marriage, divorce, or simply personal preference. Generally, a name change cannot be done for fraudulent reasons, such as evading debts. There are a few ways to change your name:
- Usage: In some states, regularly using a name can make it legally yours.
- Court Order: Most states require a court order for a name change, which is recommended.
- Marriage Certificate: Changing your name through marriage is another method.
In states that allow the usage method, you must notify any person or agency you do business with about your new name, and you should use the new name exclusively. This method can be seen as a temporary solution until a court order is obtained.
If your employer does not recognize a name change by usage, they may require you to obtain a court order to change your name. A court-ordered name change is effective even if your birth certificate is not updated. In Virginia, for example, a person can apply to change their name through the circuit court, and the court will grant the change unless there is evidence of fraudulent intent or it infringes on others' rights (Va. Code § 8.01-217).
In your case, since your employer is requesting a legal name change, it may be necessary to comply with their requirements. It’s advisable to consult with a legal professional for guidance specific to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.