Name change - from abroad

January 25, 2012 9:52 AM

How can I change my name while living abroad?

I have an unpleasant hyphen making my name rather cumbersome and unpractical ... e.g. "Jones-Hopekins" and want to legally change it to "Jones"

However, when I look online, I see that in order to request a name change I need something called "proof of legal name change", which in most cases is a marriage certificate or a divorce decree. For all other cases (like mine), I need what is referred to as an "other legal order".

To further complicate things, I live abroad (though I have my birth certificate, passport, etc here).

Is there any way to do this? There are a ton of websites that offer assistance with this service, but they are made for divorcees and newly-weds, not fols like me who have no clear legal reason to change our names.

Can any of you folks give me any advice (or even indicate a lawyer who can get the ball rolling)?

BTW, I reside (at least technically) in MA.

Thanks.

posted by mateuslee to Law & Government (8 answers total)

Changing your name isn't actually all that big of a deal, legally speaking. It can be a logistical nightmare, but the law is pretty straightforward: as long as you're not trying to defraud someone, people can basically change their name at will.

Massachusetts has a page on the subject, and it looks like the Probate and Family Court has a form you can use.

If you were in Massachusetts, you might well be able to just pop down to the courthouse, fill out the paperwork, and get 'er done. You'd probably spend more time waiting in line than in front of the judge. But not being physically present is going to make that a little more complicated, so you're going to need to talk to a probate/family law attorney in the state. They'll walk you through the process and can file the appropriate paperwork on your behalf.

The one thing that might cause you a problem is if the judge wants you to appear in person before granting the order. He might, he might not, and the law on the subject won't necessarily control there. Tripping a judge's "weirdness sensor" is frequently enough to slow things down, even if there isn't anything actually irregular going on. For example, even if he doesn't deny your motion, he might ask for some explanation as to why you aren't there, possibly even issuing an order to that effect. If you've got an attorney there, the issue might be able to be resolved immediately, so it's going to be a good idea to retain counsel here.

Really, just about any probate/family law attorney will do. This will probably be one of the simpler things they do that week. Martindale is pretty much the go-to for finding a lawyer in a particular city with a particular practice area. I'd imagine you could probably get the whole thing done for under $250, but don't quote me there.
posted by valkyryn at 10:02 AM on January 25, 2012

You might try contacting the embassy where you are. Oftentimes they have guidance about how to remotely deal with issues such as this.
posted by BlahLaLa at 10:15 AM on January 25, 2012

I would be careful not to undermine the legal premises under which you are able to stay and maybe to work in the foreign country. I assume those rights are based on residency permissions or visas that are in turn predicated on your passport, which is in turn based on your legal name.

I would definitely talk to a consulate (not embassy) about whether and how this might be done, at least from a US standpoint.
posted by Clyde Mnestra at 10:21 AM on January 25, 2012

Great ideas so far, guys. I really appreciate it. I'm going to look into contacting the consulate.
posted by mateuslee at 10:23 AM on January 25, 2012

Incidentally, I am a dual-national.
posted by mateuslee at 10:23 AM on January 25, 2012

Sorry, yes, I meant consulate. : )
posted by BlahLaLa at 10:23 AM on January 25, 2012

Actually, it's an excellent point: being a dual-national can really complicate things since both passports are under the outgoing name...
posted by mateuslee at 10:25 AM on January 25, 2012

You will need to wait until you get back into the states before you can change your name.
posted by PowerofAttorney at 6:49 AM on July 3, 2012