What Is an Affidavit of Name?

Before we define the affidavit document that relates to this topic, what is the meaning of a name change? Well, simply defined, a person’s legal act of acquiring a new name that differs from their present name is known as a name change. It can be a simple or a complicated and time-consuming procedure, depending on the location where the person seeks to change their name. When someone successfully changes their name, they may use it for all transactions and record verification. Changing one’s name is typically distinct from choosing a pseudonym, which solely serves to disguise one’s identity for various reasons.

Additionally, whenever someone has their name successfully changed, and if he/she is due to appear before the authority for verifying their identity, a legal document such as an affidavit of name then comes into play. This document, also known as an affidavit of a name change, is a sworn declaration used to validate a person’s identification when they need to verify that they have changed their name. This document might be useful for anyone who uses a name that has not been legally changed by a court or via marriage. This document can also be used if the person has just gotten married, divorced, or legally changed their name and requires extra proof. Another person, ideally a relative by blood, who has firsthand knowledge of the subject will fill out the affidavit using both his or her legal name and his or her chosen name.

What’s Inside an Affidavit of Name?

Here are the key components that make up an affidavit of name/name change:

Title of the Affidavit. This serves as the first key component of the affidavit and should simply explain to the reader the subject of the sworn declaration that is present in the document. In this case, the title of the affidavit would read “Affidavit of Name Change” or anything similar to that matter.Information about the filer. This part of the document will usually come next after the title of the affidavit. The individual filing the affidavit of a name change must identify their current complete name, date of birth, place of birth, full address, contact details such as email or phone number, and any other important information asked by the jurisdiction in this section of the document. This is done so that the requesting party may identify the person who is filing the affidavit and contact them if they have any queries.Information about the name change. This part of the affidavit comes next after the information pertaining to the individual who filed the said affidavit. The individual filing the affidavit of name change will be asked to mention their complete former name and the approximated date when it was changed in this section. For added credibility, the reasons for the name change should be indicated in this section of the name change affidavit. Marriage, divorce, or any other legal, spiritual, or personal reasons for name changes can all be set down in this section of the document.Identifying/Supporting Documents. This section of the name change affidavit will then come next after the name change information. Individuals use this section of the name change affidavit to include the document they’re using to establish their identities, such as a valid passport from the nation they live in, a valid driver’s license, governmental IDs, or any other proof of identity. They must also include additional essential information about the papers being used as evidence of identification, such as the date of issuance, issuance location, expiration date, and so on.Signature Block. This serves as the last key bit of the name change affidavit. An authorized individual will authenticate the affidavit and the corresponding supporting papers in the last section of this document by signing their name, signature, and credentials. When there are witnesses present, their signatures must also be present. The signature of the person who will notarize the document should also be included in this section of the name change affidavit.

Reasons Why People Change Their Name

Listed and discussed below are some of the reasons why some individuals have their name changed/choose to have their name changed:

Marriage. This is typically the most common reason why individuals have their names changed. Most countries make it simple for a woman to change her name after marriage, although this may not be the reality for same-sex couples who have married, husbands who take their wives’ names, or other exceptional circumstances. A simplified method for any spouse to manage a name change in connection with marriage exists in some areas of the world. Additionally, it is becoming increasingly usual for couples to acquire a hyphenated name after marriage or to combine their surnames to create an altogether new name. Depending on where the couple lives, this might be as simple as filling out a single form when they marry, or it could be a lengthy procedure.Divorce. This is another typical reason why individuals choose to undergo a name change. When one spouse, often the woman, takes their partner’s name during the marriage, they frequently desire to return to their maiden name or another former name after they split. This is not always the case, since many mothers want to preserve their children’s names. Changing the last name may be available as part of the divorce process, or there may be procedures unique to your location. that are available to the affected couple where they live.Discrimination. While this may be due to issues that an individual may be afraid to disclose, this is another reason why they opt to change their names. Some people feel that certain names make them less viable when seeking employment or doing comparable responsibilities. While it is against the law to discriminate on the basis of national origin, some companies may overlook a candidate with a tricky to pronounce or other uncommon names. Even if they are unconcerned about prejudice, some people find it difficult to pronounce or spell their given names. Another reason why individuals also change their name to avoid discrimination is to avoid having disassociated from a family black sheep(in other words, an undesirable individual who carries the same family name as the individual who opts to change their name).Personal Dislike of the Current Name. As weird as it may seem to be, this is another valid reason why some people prefer to have their names changed. A desire for a name change might arise merely because a person dislikes his or her given name. Perhaps they’d want something more distinctive than a popular name that is currently used by a lot of people in their neighborhood (which could cause confusion if someone calls their name in public), or something less unusual instead of a homegrown name that combines their parents’ names. People with names that are potentially humiliating, particularly if misinterpreted or misspelled, may also consider name changes.Branding Purposes. This is another reason why individuals prefer to have their names changed. Personal branding has evolved into an important aspect of the company. Writers, singers, radio hosts, actors and actresses, social media influencers, and those who are well-known by an alias or pen name may desire to legally alter their names in order to completely embrace the identity they established. People starting a job may desire a name that will boost their brand value in that sector, while businessmen and women that have been using a name that suits their corporate life may want to legitimize the name they’ve been recognized by.Personal Pronouns. One last reason for a name change to be discussed here would be this one. When a person is transgender, they most likely grew up with a name that they don’t like. Their parents most likely chose a name for them that is linked with the members of the opposite sex. Many transgender persons wish to officially alter their name to something a little more masculine or feminine as a result of this. For these individuals, changing their name is an important step in living as their desired gender.

Steps in Legally Changing Your Name

Here are the steps that should be followed whenever you want to have your name changed; It is not necessarily a difficult process, however, depending on the reason, a lot of time can be involved.

1. Visit a Local Clerk of Court

When an individual needs to have their name changed, this is the first step that should be done. Going to the local clerk’s office is the first step in the process of changing a name. This step is required since a trip to the local clerk’s office will determine whether or not a lawyer is required for the name change process. Typically, the local clerk’s office will provide an individual with the necessary self-help material so that the name change procedure may be completed without the assistance of a lawyer. In the trip to the local clerk’s office, things such as valid identification, proof of residency, and money for charges will be needed.

2. File a Petition for Change of Name

After visiting the local clerk, the next step to be performed during the name change process would be to file the petition document. The petition for a name change is the main document needed to make a request for a name change. Depending on where the person lives, this paperwork can be physically mailed or submitted electronically. Once the form and accompanying paperwork have been completed, the documents must be inspected at the local clerk’s office. If a mistake is made when filling out the form, a quick visit could save a lot of time and headache.

3. Set a Date

Whenever the filing process for the petition for a name change has been completed, this step will then follow. The municipal clerk will often set a court date for the person to state the reason or reasons for changing their name. Depending on the place, the court will normally set a date for the hearing within 4-6 weeks after receiving the petition. It may seem like a long time to wait for a very minor court appearance. This is because, in most situations, the individual will need to complete certain tasks prior to the court hearing, and the extended wait will provide ample time for him or her to do so.

4. Publication of the New Name

After the local clerk issues the date on which the individual is due to appear in court, this is the next step that follows. The necessity to publish the new name change in the local newspaper is something that almost all areas require. Calling the local newspaper and asking about the cost of publishing is always a smart idea. Additionally, depending on the place, the local clerk may provide the right paperwork for publication in the newspaper. A copy of the name change petition form is also required. When it’s done, save the newspaper advertisement for a future court date.

5. Appear in Court and Sign the Decree

This serves as the last step in changing names. When going to court, the applicant should carry all of the essential paperwork and come early. If the court grants the application, the applicant will receive a decree and sign it, which is the most significant document since it allows them to change their name on all of their most sensitive papers, such as their passport, driver’s license, and certificate of birth.


Is an affidavit of the same name similar to an affidavit of a name change?

No. This is because an affidavit of a name change is used to verify that an individual has had their name previously while an affidavit of the same name is used to identify individuals who hold several names or new names. The person who has this affidavit of the same name certifies that the person who holds this document has many names or a new name.

How much does it cost to have a name change?

The cost of a name change varies depending on the state and the process required. It is frequently inexpensive for very simple tasks. One thing to keep in mind is that the prices often build-up following the name change, with items like a new driver’s license, social security card, and passport all costing money to replace.

Is a name change possible under common law marriage?

Yes, it is possible although the process can be a bit complicated since only a handful of places still recognize this type of marriage. Because there is no official ceremony in a common-law marriage, couples often search for alternative means to legalize their relationship. Using the same last name as the husband is one of the simplest ways to feel very much like a married pair. Unlike a legal marriage, where partners may easily alter their last names, the process for common-law spouses is a little more difficult. For example, if someone wants their driver’s license adjusted to reflect their new name, they need to make a petition with the court and show that they have completed all of the required measures to fulfill the legal criteria.

Different reasons exist for an individual to change their names. But whatever the reason may be, an affidavit of name change is always required whenever the individual needs to appear to the court to verify that they’ve had their name changed. Drafting and filling out this document is usually not a time consuming process, however, should you find it to be complex, there are plenty of sample templates available in this article that can help.