Full question:
I need to change the name that I have through my marriage. I wear two last names and I would like to remain only one-my maiden name. How long this process will take and how reasonable is my request? Thanks
- Category: Name Change
- Date:
- State: Michigan
Answer:
The need for a legal name change may result from marriage,
divorce, adoption, or simply a desire to have another name. Generally, a
person cannot change their name for a fraudulent purpose, such as to
avoid judgments or legal actions against him or her, or to avoid debts
and obligations. Other people's rights cannot be affected, and the use
of a curse word as a name would not be recommended. A court
order is recommended for a name change and is required by most states.
In Michigan, a person may change their name by filing an action in the family division of the circuit court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is based upon sufficient reason and is not sought with any fraudulent intent. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change, that it is not sought with any fraudulent intent, and also that it is consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? Yes.
Who must be given notice of the Petition? The General Public by way of publication in a newspaper of general circulation in the jurisdiction in which the petitioner resides.
Can individuals “object” to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court’s findings as to whether the change of name is based on a sufficient reason and/or sought with any fraudulent intent.
Procedures: The process for obtaining a name change for an adult in the State of Michigan begins with the filing of a Petition with the family division of circuit court in the county in which Petitioner resides. The Petition informs the Court of the Petitioner’s name, the name the Petitioner wishes to adopt, and the reasons for the requested change of name.
After the Petition is filed and the required fee is paid, the Court will set the Petition for a hearing and order publication of notice of the hearing.
At the time of the hearing, the Court will hear any reasonable objections to the requested relief, may question the Petitioner as to the reasons for the petition for name change, and consider any questions raised as to the petitioner’s intent. The court then may rule granting or denying the petition
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.
