Why Choose Rosenblum Law For Your Name Change
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Our Name Change Process
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You’ll be connected with a trained specialist to guide you through the name change process and what’s required.
Step-1We prepare the Petition
We send you an online questionnaire, draft the Petition, and provide you with a copy for review prior to filing.
Step-2Judicial review
A judge will review the Petition (approx. 5 months) and issue a hearing date.
Step-3Court appearance
Our team will prepare you for court and attend court with you as your advocate.
Step-4Your new name is official!
The Judge enters a Final Judgment and we request 3 certified judgments that you can give to government agencies to change your name in their systems.
Step-5Frequently Asked Questions
What Factors Will a Judge Consider in a Name Change Case?
Judges reviewing a request for a name change will consider the following factors:
1) Occupation of the filer.
2) Any judgments, bankruptcy or insolvency proceedings.
3) Lawsuits that may be pending in the present and desired names (in order to avoid confusion).
4) Criminal record or pending criminal charges.
5) Any previous attempt to change one’s name (and the results).
6) The stated reasons for the name change.
7) Any possible fraudulent intent.
Why Might a Person Be Denied a Name Change?
1) The judge saw reason to believe the name change may have fraudulent intent (e.g. avoiding creditors or criminal prosecution).
2) A paperwork or procedural error. This might include failing to provide Proof of Service from the Director of NJ, Records and ID unit or other mistakes.
3) Due to the applicant’s criminal history, the judge determines it is not in the public’s interest to allow the name to be changed.
What Can I Do if My Name Change Request is Denied?
This will depend on the reason for the denial. A person denied for procedural reasons can simply file the request again, this time aiming to correct the mistake. However, someone who was denied due to concerns regarding fraud or criminal convictions can file an appeal. If an attorney was not hired for the original filing, it is urgent to have one for the appeal.
Do I Need an Attorney to Change My Name in New Jersey?
While you do not need an attorney to petition for a name change in New Jersey, it is strongly recommended that you use one. The name change process can be complicated, and any misstep can cause your application for the name change to be denied. An attorney will help you through every step of the process, ensuring less stress, faster processing times, and a greater chance of success.
A name change in New Jersey may seem like a simple matter, but the paperwork is very involved and there are many steps that a person could overlook, which would result in a denial. Moreover, a person with complicated circumstances (i.e. debt or pending lawsuit) or a criminal history would be well advised to get the help of an experienced attorney.
An attorney can examine the situation to determine how best to present the case for the name change. Attorneys have a lot of experience speaking with judges and the right attorney will know what to say (and not say) that will have the best chance of getting a favorable ruling. Moreover, by hiring an attorney, the applicant will minimize the amount of work involved; the attorney can take care of copying, filing, and notifying newspapers as well as some of the agencies involved.
Can I File to Change the Name of a Child?
Yes. The process is similar to that of changing one’s own name. However, one will have to fill out paperwork specific to minors. In addition, if the other parent objects, that could result in a hearing and subsequent denial, depending on the circumstances. A parent who expects that the other parent will object to the name change should strongly consider hiring an attorney to plead one’s case and improve the odds of success.
What Is the Cost of a Name Change in New Jersey?
The New Jersey Superior Court has a $250 filing fee for a legal name change. If you choose to retain an attorney, fees will apply. Consult with our law office for an estimate of costs.
How Long Does a Name Change Take?
The amount of time a name change will take in New Jersey will depend on the individual case. The process can be complex, and it’s always best to consult an attorney to help the process go efficiently.
Will a Court Appearance Be Needed?
Appearing in court for a name change will depend on the court and the judge handling your case. If you hire an attorney, they will help you prepare for the hearing, attend it with you, and be able to advocate for you.
Do I Need to File a Petition if I Am Changing My Name’s Spelling or Only Changing My First Name?
Yes. Even if changes to a name are minor, any changes to a person’s first, middle, or last name must be filed and go through the formal name change process.
Is a Name Change a Public Record?
Name change applications are public records, meaning anyone can find the record and view it. You can ask the court to seal the record if there is a security concern.
Is the Name Change Process Different For a Child?
Yes. If you file a name change for a child under 18 in New Jersey, both parents must consent. If a parent cannot be located, a notice of the application must be served to the parent at the last known location. If there is an objection, the court will rule in the child’s best interest.
If I Was Born in New York But Have Moved to New Jersey, in Which State Do I File a Name Change Petition?
A petition for name change must be filed in the state where you currently reside. Therefore, if you were born in New York but currently live in New Jersey, you must apply for a name change in New Jersey.
New Jersey allows a person to change his/her name by filling out a form and returning it to the county Superior Court. A name change form costs $250. While that seems simple, there are actually several other critical steps involved and a hearing with a judge is required. There are instances when a judge may rule that a person is not permitted to change his/her name. We recommend that you consult with an attorney before attempting to change one’s name in New Jersey.
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Name Change Process for Adults in New Jersey
There are many reasons someone may want to change their name. Sometimes it’s as simple as them becoming better known as a name not on their birth certificate or because they no longer prefer the name on their legal documentation. Whatever the reason is for a person wanting to change their name, an application must be filed in the state where the person requesting the name change currently resides.
In New Jersey, the process for changing a name will depend on the reason for the name change. In instances of marriage, the legal document given when a marriage license is applied for is used as legal proof of the name change and can be supplied for changing a name on documentation. If the reasoning is because of divorce, the person can change their name within the documents used to file for the divorce. The name change must go through the court process for all other reasons.
Here are the steps involved when filing for a name change in New Jersey for reasons other than marriage or divorce:
Contact an Attorney. The process for a name change in New Jersey can prove to be a tedious one, and if part of the application filed isn’t compliant, the court can deny the application. Hiring an attorney experienced in name changes in New Jersey can make a stressful situation one of ease.
If you contact Rosenblum Law, you’ll be connected with a trained specialist who will guide you through the name change process and explain exactly what is required.
Prepare the Petition. In New Jersey, the person seeking the name change will be required to petition for one in their local Superior Court. An affidavit will be required to include information such as their Social Security number, date of birth, and other pertinent information. In addition, the applicant will have to notify interested parties, if any, of the name change (for example, parents need to be notified and consent to a minor’s petition for a name change). The filing fee for a name change is $250. Our law office assists clients throughout this step by sending a questionnaire to each client, drafting the petition, and providing the client with a copy for review before filing.
Judicial Review. Once the applicant files for a name change, the case will be assigned a docket number, and the judicial staff will review the application to ensure it has been filed correctly. This will take up to a week. A background check will also be carried out to see if the person has any open liens, court cases, etc. to ensure that the applicant is not attempting to change their name to avoid debts, child support obligations, or criminal prosecution. If something is found, the review will likely take longer.
After a successful review, the judge will decide to issue a hearing date, usually set for two months out. A copy of the hearing notice must be served to the Director, Division of Criminal Justice, at least 20 days before the hearing date via certified mail. If this is not done, the court will likely dismiss the case.
Court Appearance. Once the judge grants a hearing, the name change applicant will have to appear in court to answer a few questions in front of the judge. Some of the standard questions include:
- What is the reason you are asking the court to change your name?
- Are you filing this petition of your own free will?
- Are you filing this petition for any fraudulent purpose?
- Do you swear that all the information contained in your application is true to the best of your knowledge?
Our legal team will prepare our clients for court and attend court with them as an advocate.
The New Name Is Official. The judge will enter a “final judgment.” After that, we are required to serve one certified judgment to the New Jersey Treasury so the person’s taxes all remain in order when they are filed again. After this final step, the person is in the clear, and the name change is official! We also provide our clients with instructions as to how to update other official documents like their driver’s license.
How to Change Your Name in NJ
- Fill out the forms
There are two important sets of documents that a person must complete to change their names in NJ. The first is the New Jersey Name Change Packet, which includes forms to indicate what name one wishes to go by and to order a hearing before a judge. One must also fill out the Civil Case Information Statement. If one hires an attorney, he/she will complete these forms.
- Make copies of forms before filing
A person should keep one copy for his/her own records and include an additional copy along with the original documents which will be sent to the court.
- File the forms
The forms should be sent to the Superior Court of the county in which the person lives. This can be done by mail or in person. Be sure to include a check or money order for $250 made out to “Treasurer, State of New Jersey,” as well as a self-addressed stamped envelope for the court to return the forms to you.
- Publish a notice in the newspaper
The Order Fixing Date of Hearing must be published in the newspaper no less than two weeks before the hearing. The returned documents will indicate which newspaper the notice must be published in. Once the notice is published, the newspaper will send an affidavit of publication. A copy should be made for record keeping and the original sent to the court.
- Notify required persons
Those with pending criminal charges in New Jersey must notify the law enforcement agency that is prosecuting the case of one’s intent to change one’s name. This must be done at least 20 days before the hearing.
- Attend the court hearing
When attending court, be sure to dress appropriately and be polite and respectful to everyone in the courthouse. In addition, bring copies of all documents in order to accurately answer questions the judge may have. Here is where having an attorney can be the most helpful. An attorney can handle some of the questions the judge may ask and issue responses that are likely to persuade the judge to make a favorable ruling.
- Publish the final judgment
The judge will rule whether or not the name change will be allowed, and a final judgement will be sent in the mail. This will also need to be published in the newspaper within 20 days. Once again, the newspaper will send an affidavit of publication, which must be sent to the court.
- Notify other government agencies
There are four agencies one must notify once a name change has been granted in NJ: The Social Security Administration (SSA), the NJ Motor Vehicle Commission (MVC), the NJ Treasury Department, and the Registrar of Vital Statistics or Department of Health in the capital of the state in which one was born. To do this, a person must order two certified copies of the final judgment (with raised seals) from the court. The SSA and MVC must be notified in person. For SSA, the final judgment and current social security card must be brought. Drivers must notify the MVC of a name change within two weeks by bringing a certified copy of the final judgment and one’s current driver’s license (with the old name) to the MVC. The Treasury Department can be notified by mail. One must send a copy of the certified final judgement and a check for $50 within 45 days of the ruling. The other copy of the certified final judgement should be mailed to the Registrar of Vital Statistics or Department of Health.
Name Changes Involving Marriage or Divorce
A person who is changing their surname as a result of a new marriage or the dissolution of a marriage can do so without following the steps above. Upon getting married, a person can simply request a name change along with the marriage certificate. After a divorce, a request for a name change can be made verbally to the judge upon final judgement of the divorce.
How can Rosenblum Law help?
When working with the team at Rosenblum Law, you can rest assured that you have the best support and guidance when going through the name change process in New Jersey. If you or a loved one are looking to start the process, contact us today at 888-815-3649.
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