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Beginning May 7, 2025, everyone must have their ID upgraded to a Real ID in order to fly domestically and enter federal buildings. However, what happens if you can’t apply for a Real ID? One of the most common reasons why individuals are unable to obtain a Real ID is because their name does not match the documentation necessary to the application, such as on a Social Security card and other primary documents.
If you’ve changed your name due to marriage, divorce, or other reasons, or if there are any errors on your documentation such as your birth certificate, updating your records beforehand is essential to avoid delays or denials.
In this article, we discuss what a Real ID and a legal name change are, the importance of having a consistent name before applying for a Real ID, and how to apply for a Real ID. One of our attorneys at Rosenblum Law can guide you through this process, ensuring your legal name is consistent among your various documents, allowing you to successfully apply for a Real ID.
Understanding the REAL ID in New York
The Real ID Act, which was passed by Congress in 2005, sets security standards for state-issued driver’s licenses and identification cards. The purpose of the Real ID is to enhance safety by establishing a minimum security standard for forms of U.S. identification.
New York is now recommending residents upgrade to a Real ID, which is a federally compliant Department of Motor Vehicles (DMV)-issued license, learner’s permit, or non-driver ID.
Starting May 7, 2025, a Real ID will be necessary instead of a standard ID to fly domestically within the U.S., access federal facilities such as certain federal buildings and military bases, and enter nuclear power plants.
A Real ID looks different from a standard New York driver’s license, learner’s permit, or non-driver ID because it has a black star in the top right corner.
What is a Legal Name Change?
A legal name change is a formal process in which an individual officially adopts a new name. They may begin the name change process for many reasons, such as a name change due to a marriage or divorce, an incorrect name on their birth certificate, or a range of other personal or practical reasons.
To update your identification documents, you’ll need to provide proof of your name change, such as a marriage certificate, divorce decree, or court order. These documents allow you to update your Social Security card, driver’s license, and other forms of ID, ensuring consistency for your REAL ID application.
In New York, the name change process involves preparing a petition that a judge will review, attending a court hearing, and receiving a final judgment from the judge. An attorney is best equipped to help applicants file the petition and attend court.
Common Name Change Issues when Applying for a Real ID
When applying for a REAL ID, the applicant’s name must match exactly across all documents, including on their birth certificate, Social Security card, and current ID. Discrepancies—such as maiden vs. married names, missing middle names, or spelling variations—can delay or prevent issuance of a REAL ID. Common difficulties include those who have changed their name due to a marriage or divorce, and those whose name does not match their Social Security card or birth certificate.
For applicants whose name has changed and does not match their documentation due to a marriage or divorce, they will need to file a petition for a legal name change with the court, and then update their DMV records with the necessary documentation.
If an applicant’s REAL ID name doesn’t match their birth certificate, they will need to present the court with proof of a legal name change. This can come from filing a petition with the court or providing legal documentation, such as from a marriage certificate or divorce decree, that proves a name change. If someone’s name does not match the name on their Social Security card, they should update it first with the Social Security Administration before applying for a Real ID. For more information on legal name changes and assistance with the name change process, regardless of the reason, schedule a free consultation with a Rosenblum Law attorney.
How to Apply for a Real ID with a Name Change
Once an applicant has successfully filed for a legal name change or has demonstrated that their name was changed previously, their documentation should be consistent, and they will be eligible to apply for a Real ID.
To apply for a Real ID in New York:
- The person should apply online here for pre-screening.
- Once the online application is done, the DMV will contact the applicant, and they will need to schedule an in-person visit at the DMV.
- At the Real ID appointment, the applicant will be asked to bring certain documents with them, such as a birth certificate and Social Security card. Individuals can find out what documents they will need now by clicking here, selecting the option “Replace, renew, or change my existing NY State license/ID to REAL ID or Enhanced,” and answering the questions.
- After visiting the DMV and being approved for a Real ID, it will take about two weeks for the Real ID to arrive in the mail.
Applying for a Real ID also does not cost any additional fees in New York, although applicants will still have to pay any standard transaction fees for a license or non-driver ID.
Contact Rosenblum Law Today for Your Legal Name Change
Navigating a legal name change can be complicated, especially if you need a Real ID. Rosenblum Law can help, ensuring that your documentation is in order before you apply for your updated ID. Our experienced attorneys can guide you through the court petition process, handle any required paperwork, and see that your name change is legally recognized by all necessary agencies.
Having professional legal assistance can help avoid common pitfalls, such as document inconsistencies or errors that could delay your Real ID application. By working with Rosenblum Law, you can be confident that your name change is handled efficiently and correctly. Contact us today for a free consultation and take the first step toward securing your new legal identity.
FAQs
A Real ID is a federally compliant form of identification required for domestic air travel, entry into federal buildings such as military bases, and entry into nuclear power plants. Unlike a standard license, it requires additional documentation to verify your identity in accordance with the federal Real ID Act.
The Real ID Act was created to establish a minimum security standard for forms of U.S. identification. A Real ID in New York has a black star in the top right corner, which a standard NY license or ID does not.
A legal name change involves obtaining a court that officially changes your name. The process includes filing a petition, attending a court hearing, and receiving a final judgment that will legally change your name.
No — all documents must match in order to apply for a Real ID. If your name differs across records, you will need to apply for a legal name change. This issue may arise if your name changed due to a marriage or divorce, or there is an error on other documentation such as your birth certificate.
This process can be best accomplished with the help of a name change attorney. At Rosenblum Law, we can help you file for a legal name change in New York or New Jersey by preparing a petition and attending court with you.
There are numerous documents you will need to legally change your name in New York. You will need a petition asking for the name change (which an attorney can draft for you), proof of birth, the court fee, and any other documents that the court deems necessary.
While it’s possible to file for a name change on your own, hiring an attorney can help ensure the process goes smoothly, avoiding delays or errors that could complicate your Real ID application. At Rosenblum Law, our attorneys are experienced in the name change process in NY and can help you prepare a petition and attend the court hearing.
Last updated: Apr 11, 2025
