Opinions on Legal Advice for a Name Change

[Noah G.]

I'm sure this has probably been asked before, but the search function currently isn't working and I'm trying to actually be productive today on this.

I've been working on trying to sort out the legal name change process for New York state (no, I don't live in NYC: I'm upstate -- I say this because I know things are different between the two in this matter), and I've been working at it for a while. I've revisited the forms several times now, but there's still certain parts that I'm just unsure about. I have an idea of what I need to put, but I'm not positive, and what's more is that one form reads as though the judge is supposed to fill it out but apparently I'm supposed to file that form as well. My mother thinks it should be simple enough to not need a lawyer's guidance, but I'm a little confused on certain things and I worry about screwing up forms like this, regardless of what they are, and the hassle involved in that.

So...I'm looking for others' opinions and thoughts on whether I should refer to a lawyer before filing or just file the forms?

I feel like some of my questions are stupid, but for whatever reason I've always had difficulties filling out forms, I guess I just think about it too much or...I don't know, something.

[straycat]

Have you looked at tsroadmap.com?  In the legal section/name changes under New York, there are contributions from several people who did it themselves and explain the process. One includes some information on how to fill out the forms.  That Name Change Order does look like you fill out part of it, then the judge fills out part, then the final part is completed by a clerk after the publication proof is provided.

It wouldn't hurt to call a family law attorney and ask how much they charge for a name change, then you can decide whether the difference in cost is worthwhile to you.  Around my area attorneys usually have set fees for this rather than charge by the hour and the set price includes the filing fees and publication requirements.  My state required a personal court appearance which the attorney attended with me.

[Arch]

Some of my friends got help from an older trans guy at the local LGBT center (he works there and also runs a trans support group) He's not an attorney; he just knows his way around the forms. Do you know anyone like that?

Apart from that, Straycat gave some good advice. Call a family law attorney or a storefront legal center and ask about pricing. Also, you can sometimes get good advice at these legal advice sites, but you have to make the ultimate decision about the accuracy of the responses you get.

[Noah G.]

Thanks, straycat. I'd actually forgotten about that site but, unfortunately, the part which goes through step-by-step is for NYC, which has different forms than upstate New York. But, again, thanks for that suggestion all the same because any help is helpful right now.

Arch, unfortunately I don't know of anyone like that -- I'm not even sure where the nearest LGBT center is to where I am, in all honesty. I think I may have looked, but never really remembered, and I don't know of anyone personally who is transgender and has gone through a name change here.

I considered legal advice sites but, as you said, accuracy of the responses was a concern.

I think I will just call (or e-mail, since I'll be busy the rest of today and then tomorrow, and want to get this ball rolling better) an attorney I have in mind, ask some questions. I feel like I should be able to do this myself, but I'd rather not have the doubts.

Thanks again, to the both of you. I guess the answer was kind of easy when it came right down to it, haha. But at least it's confirmed: it's very much appreciated.

[Ann Onymous]

Not every jurisdiction uses a generic form.  Local Rules will likely outline whether the filer/attorney is responsible for drafting the Order to include with the Original Petition. 

Also be sure to check Statutes to see what is required in terms of notices...have no idea about other States, but in Texas, the name change provisions are outlined in the Family Code.  Most States have something similar, or at least a grouping of Code provisions that deal with family law. 

[Noah G.]

Ann Onymous, most of the information I've been going off of has either come directly from, or else has been supported by, the New York State Unified Court System website. I've also saved and have been using the forms directly from that website.

I'm not sure about any local nuances to the process -- which is a good point -- but as far as what the state itself requires I'm fairly confident on. It does require that a notice be published in a local paper. The part I'm struggling with is being confident enough in knowing that I'm filling out the forms properly, which is something that seems to be a quirk of mine, which is about the only thing related to this process that I haven't found on that site.

Thanks all the same though.

I did e-mail the lawyer that I had in mind earlier because I needed to head out and get some things done -- tomorrow I have classes all day, as well as Thursday, and I'm not sure I'll have much more time on Wednesday, hence why I didn't call. I needed to try and get in touch while my mind was on it before I started putting it off.