January 11, 2007

Ask The Lawyer

Reader wants to change her name—can she do it?

This week’s question:
I just hate my name. Always have. Always will. My parents are good people but I really think they just made a big mistake when they named me. I am seriously considering having my name changed legally, but I have no idea how to go about that. Is there a lot of red tape? Do I have to prove to a judge that my new name is better? What do I need to do to change my name legally so that it is a nice name? Do I need an attorney to represent me or can I do this myself?

Jessica J.
Almaden Valley


Dear Jessica,
First of all, I personally think "Jessica" is a very nice name, but if you want to change it, you probably can—with a few fundamentals that you will want to keep in mind. You might also want to consult with a mental health professional, since there may be long-range psychological or emotional implications with a name change.

You didn't say how old you are, so let us assume for the time being that you are an adult, i.e., over 18 (for most purposes considered an adult, except for consumption of alcohol). You will need to file a petition for change of name at the Superior Court building at 191 North First Street in San Jose, if you are an Almaden Valley resident.

An attorney may represent you or you may do the work yourself. It's up to you. You can pretty much chose any new name you wish, but you cannot just copy some other name to make money from it, such as a movie star or sports athlete. I don't think the judge would approve "Elvis Presley" or "Joe Montana".

The documents you need to file are the Petition for Change of Name, a form called Name and Information About the Person Whose Name Is To Be Changed (Attachment to Petition); Order to Show Cause for Change of Name; and proposed Decree Changing Name.

When you file the papers, you must also file a Civil Case Cover Sheet and pay the court filing fee, unless you are of modest means and qualify for a fee waiver. A court date will be set by the court for a hearing to be held in about six weeks after the papers are filed.

After the hearing date has been included in the Order to Show Cause and you have obtained a judge's signature on the Order to Show Cause, you will file the original Order to Show Cause in the clerk's office and obtain filed-endorsed copies of the order.

You will then need to publish a copy of the Order to Show Cause in a local newspaper of general circulation once a week for at least four consecutive weeks before the date of the hearing on the name change petition. You or your attorney selects the newspaper from among those newspapers legally qualified to publish orders and notices.

The court may provide you with supplemental information, such as the department number that hears these petitions, the dates and times when the petitions are heard, and the newspapers that may be used to publish the Order to Show Cause.

The newspaper you use needs to file a Proof of Publication with the Superior Court before the hearing. Until the Proof of Publication is on file, the hearing on the Petition for Change of Name cannot go forward.

You will want to bring copies of all of your documents to the court hearing. At the court hearing, the Judge may inquire as to the background information concerning the matter. If the Judge grants the name change petition, the Judge will sign the original name change decree.

If you want to amend your birth certificate to show the name change, you would contact the California Department of Health Services in Sacramento. Telephone: (916) 445-2684; web site: www.dhs.ca.gov. Most court forms are available at Rose Printing Company, 20 North First Street, Suite A, San Jose, CA 95113. Telephone 408-293-8177.

Now, let us assume that you are a minor under 18 years of age. At least one of your parents will need to file the Petition for Change of Name. A copy of the Petition and Order to Show Cause are served on the non-consenting parent, at least 30 days before the hearing. The petitioning parent cannot serve these papers.

Other rules apply if the non-consenting parent of the minor resides outside California or if the petition has been filed by a guardian for the child.

Best wishes for the name change issue, Jessica. I hope it turns out all right for you.

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.