Kind of stuck, need advice concerning name change

[jamesdoran]

Hey, everyone.

So I want to legally change my name soon and I had quite the time trying to get information. I guess what I'm looking for is some input on whether the information I got is pretty standard, or whether these people gave me the run around (which I kind of feel like they did).

I did some researching online and most of what I read told me that the circuit court clerk of the county that you live in is a good starting place for finding out what steps to take. I went up there a few weeks ago and asked about it, and the lady told me that they didn't have the forms for it...that I needed to go to the Justice Center and ask them. Well, I went to the JC and they told me they don't do name changes, and I needed to talk to the Circuit Court Clerk's office. I didn't have time to go back over there so I left it alone for a couple weeks.

Today, I called back up at the circuit court clerk's office and asked them what process I needed to undergo for a name change. She asked if it was for marriage purposes, and I told her it wasn't. I didn't tell her that I'm transgender because a) she didn't ask for more information and b) I didn't feel like it was any of her business unless she was part of the name change process. So anyway, she then launches into a vague spiel about how they don't have a form for it, and it's a "verrry complicated process" and how everything has to be done EXACTLY right, all to say at the end that she recommends I hire an attorney to do it for me.

Being the broke 21 year old college kid I am, I asked if it was necessary to hire an attorney...basically if there was a different way for me to go about it. I told her that when I did some research, I found out that in the next county over, they just have a form that you print and take in to the courthouse, where they schedule a hearing, etc. Pretty straightforward process, from what I can tell. So she says, "I guess you could look at their form, and see what information it asks for, and then draft your own petition." I told her, "Well, I'm wanting to do this the right way and everything obviously, and I want to get it done in as timely a manner as possible, and I'm just scared that if I draft my own petition, there may be something wrong with it that would cause some sort of delay." She reiterates that it's complicated, etc, that there's a lot of work to do. I tell her I don't mind doing the work at all; I just want to make sure everything is done right the first time. She tells me that's why they recommend I get an attorney. I asked if bypassing that, there is some sort of streamline process, and she told me she just didn't know. So then I ask her if she can recommend someone specifically for me to talk to that would be more knowledgeable about the whole process (I didn't say this in a condescending way, it was just clear that she wasn't very sure about this kind of stuff) and she just refers me to an attorney again.

I called the attorney's office that she recommended and they want $500 to do a name change (not including court costs).

I am just having a hard time believing that no one official (besides an attorney) can give me any SOLID information about what to do...

Is this sort of thing normal? The reason I ask is because of what I've found out about the process just one county over. It seems so straight forward compared to all of this stuff...

Can anyone give me some guidance on what to do?

BTW, if it matters, I live in a small town in TN that's pretty conservative. Obviously, there's no way for me to know how many transgender people are here, but I will say that there is about 0 trans visibility here...no support groups, no sort of LGBT center or anything.

[Devlyn]

One-stop shopping at the Wiki! https://www.susans.org/wiki/Category:Documentation_changes

[Devlyn]

This looks pretty helpful: http://www.legalinfotn.org/node/153/name-change

[David27]

I think brotherben is from TN an he could give you advice as to the process. Also I think TN is one of the easier states to get you name changed in.

[Brenda E]

kdbrrw, go get the form from the neighboring circuit.  Copy it, changing the court name to the circuit court in which you intend to file.  Go to the clerk's office and file it.  End of story.  (An attorney is just going to pull up the standard name change form, change the court identifier, then file it.  $5 worth of work in five minutes and you're charged $500.)

Court clerks (or, more accurately, deputy court clerks - the desk workers who stamp paperwork and answer phones) are not experts.  Most are - to put it politely - incredibly rigid, robotic people whose go-to answer is "you need to hire a lawyer."  It's their way of telling you, "I'm busy.  Shut up and go away."  Their raison d'etre is making stuff harder than it really needs to be.  Makes them feel powerful.  Ignore the one you spoke to.

You don't need to hire a lawyer.  You can do this yourself very easily.  The judge will know you're pro se and isn't going to deny your petition unless it's utterly inappropriate and written in purple crayon; he or she has far better things to do than deny a simple name change request over an immaterial technicality or two.  As long as you're substantially on the right track, you'll be good to go.

[androgynouspainter26]

You might want to check and see if there are any non-profits in the state (not your town per se) that might be able to help you out; I had mine done through an organization in my home state that works with the LGBT comunity...

[Bombadil]

I agree with Brenda E. I may be asking something obvious but did you see if you could find the form online? If you could find it online and walk in with it already filled out that would help a lot.

[jamesdoran]

Hi again (2 months later). I drafted my own petition based on the neighboring county's. The one from the neighboring county requires a notarization from the clerk. When I contacted the clerk's office again, they told me they wouldn't sign it. I asked if they could tell me who could...and they told me to get a lawyer.

I want to cry, yall. Why is this so complicated?!

[mrs izzy]

You can try this maybe?
http://www.ilrg.com/forms/namechange-adult/us/tn

About this Form:  In most jurisdictions, a Petition for Change of Name of Adult must be filed in the county court in which the Petitioner (i.e. the person seeking to change his or her name) lives.  Any lawful reason that the Petitioner deems a benefit is typically adequate to satisfy most courts.  For example, the Petitioner may prefer a new name due to social or religious reasons.  The Petitioner may not change his or her name for purposes of fraud or if it will violate the rights of others.  Some courts may require the Petitioner to provide a list of the names and addresses of his or her creditors.  The Petitioner should contact the court clerk in the county in which he or she resides to determine the filing fees, docket number, and other local requirements.
Petition for Change of Name of Adult

State of Tennessee
County of ________________   Court _____________________________
Docket No. ________________________
   
Name of Petitioner:_____________________________   In re:  Change of Name of Adult   
   From: _____________________________
To: _______________________________
Petitioner makes the following declaration:

1. Birth Date and Place:   Petitioner was born on _______________________, ______ in  ________________________ [city],  ________________________ [county], ________________________ [state]. A certified copy of petitioner's birth certificate is attached to this petition.

2. Birth Name:  Petitioner was named ____________________________________________ at birth, and as of the date of this petition, the Petitioner has always been known by that name, with the following exceptions, if any:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[list all legal names previously held].

3. Residence:  Petitioner resides at _______________________ [insert residential address] and has lived at this address for ________ [insert length of time in months or years at this address].

4. Petitioner's Parents:  The father of the Petitioner is named ______________________________________________, and he resides at _____________________________________________________________________________ [insert residential address of father].  The mother of the Petitioner is named ______________________________________________, and she resides at _____________________________________________________________________________ [insert residential address of mother].

5. Reason for Name Change:  Petitioner seeks to change his or her name to ______________________________________________ and offers the following reason(s) for seeking to do so:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________.

6. Legal and Creditor Status:  Petitioner does not have any outstanding judgments, has never been convicted of a crime, and is not involved in any pending legal actions.

7. Additional Declarations:  In addition to the foregoing statements, the Petitioner further declares:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
[insert additional declarations, if any].

NOW, THEREFORE, the Petitioner requests that the court order the Petitioner's name changed as follows:

From: ____________________________________________
To: ______________________________________________

Verification

I, ______________________________________________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing Petition to Change Name of Adult and that all statements in this Petition are accurate to the best of my knowledge.


_____________________________________________   _________________
Petitioner's Signature   Date


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________   
Petitioner's Address, Line 2   

Subscribed and sworn to before me on this ____ day of __________________, 20_____.


__________________________________
Notary



Tennessee Petition for Change of Name of Minor with Order Granting Name Change
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[tgchar21]

@mrs izzy: That form you copied-and-pasted appears to be a generic boilerplate for nationwide use (I clicked to see what the one for the state I live in looks like, and a couple others, and they're all the same except for the state name). The possible issue is that if your state (or county) has additional requirements for what must be in the petition it may not work (and likewise some of the information in their generic form may be extraneous, but that's less likely to be a problem).

You might do a search online for Tennessee name change forms and see if you get something more useful.

[mrs izzy]

The form could just be that.

But if you read the post they are having trouble with the courts there not having said paperwork

This is one is done with a notary. If one is a AAA member it can be done for free.

Then take the paper and file. Make them do there jobs.

Or ask to see the Cleark of the courts personally.

Seems a little discrimination in process in the office.

Anyway you need to start somewhere if they can not give you required paperwork or information.

[Arch]

James, you might want to try again. If possible, try a different clerk. If you are refused, point out that the form specifies that notarization by that office is necessary, and ask WHY the clerk refuses to sign. Back him or her into a corner. If you don't get any kind of capitulation, ask to speak to a supervisor. Go up the food chain.

If you are refused at the supervisor level, say that you want the refusal in writing, NOW. You don't have to say what it's for, but the implication is that you are going to report these people to THEIR higher-ups.

It might also help if you take a friend with you, someone older who looks professional. Sort of like a woman taking a man to the mechanic just so she can protect herself.