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Legal name change process?

Started by Nattiedoll, November 07, 2015, 02:33:40 PM

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Nattiedoll

Hey,

So I've been transitioning for almost a year now I'm going full time soon and want to change my gender and name legally on paper. I have done my research and know almost everything about transitioning but the whole name/gender change legally is something I am not as familiar with. Does anybody have any knowledge on this topic or have done this? I would love to hear your experiences and knowledge about it. How long does it take?

Thank you :)
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lisarenee

I did my name change about 6 months ago, but am still waiting on the letter from my Endo for my Gender marker change. Hopefully, I'll get it in a few weeks at my next visit. As for the name change process, it varies by state and county. In my county --

1) Got Fingerprinted (Electronic). This cost about $75. I could have done them cheaper at the Sheriff's Office, but they have very limited hours. They took I believe 7 Business Days to come back.

2) Went down to the Clerk of Courts and filed my petition. They checked and my prints hadn't come back yet. I was given another form to request a court date, but told I couldn't file it until my prints came back.

3) Kept checking and a few days later my prints came back. So, I faxed my Request for a Court Date.

4) I hear from someone else about some extra documents having to be submitted (which were not mentioned when I filed) -- See end of #5. I'm a little worried.

5) I hear nothing, while a friend who filed the day before me gets her court date. I keep calling, but the folks at the Clerk's Office insist it is "Being Processed" and that it ALWAYS takes at least 30 days. BS. My friend heard back within a couple days of filing her request for a court date telling her she needed to file additional documents.

6) Eventually (after multiple phone calls), I get a call from the person who schedules things telling me I need to submit additional documents (expected). Apparently, they had stuck my fax on a shelf and forgotten about it. Lesson learned -- ALWAYS do everything in person; NEVER fax anything in. They want a certified copy of my Birth Certificate and a copy of my State ID (Driver's License) and Social Security Card.

7) I head down to the Health Dept. to get a copy of my Birth Certificate. Fortunately, I still live in the state I was born in, so I was able to get copies of my BC during my Lunch break.

8) I had lost my Social Security card, but had a scanned copy saved on a computer as I had needed to submit it for jobs before I got a US Passport in 2006. I printed that out (the lady had said I could file with that, but I would need to get a new SS Card before she could give me an actual court date because the judge might ask to see it) and took everything down to the Clerk of Courts along with the form to suppress my SS Number from becoming public record. I had also gone down to Social Security to apply for a new card.

8) This time, I hear back the next day. Everything was good. I just needed to give her a call whenever I received my new SS Card. My new card came a week later and I gave her a call. She gave me a choice of court dates. I picked the Tuesday date as this would allow me to get SS, DMV, et al. done before the weekend.

9) Court date came. I went to the courthouse. Bailiff asked for my State ID (never asked for my BC or SS Card). She couldn't locate my file. Beginning to feel cursed. Eventually, she located it. It had been left behind when they grabbed the stack of cases (mine was on the bottom of the stack). So, everything was finally set.

10) There were a couple of uncontested divorces and a motion in a slip and fall case before my case, but these were disposed of relatively quickly. I was sworn in and asked the same questions that were on the petition - was I dodging creditors/the law, etc...I answered and the judge ordered my name changed.

11) After everyone who was getting a name change was done, those of us who needed certified copies were escorted downstairs. As the copies were cheap ($2/each if I remember correctly), I got several and headed to Social Security. I had gathered the required documents ahead of time. I took my Birth Certificate, Passport, and W2 just in case...plus the court order.

12) Social Security took about 2 hours and I headed to one of my banks to change the name on my account. I was able to change that with only the court order.

13) I grabbed Lunch and figured since I was already down there anyways, I would take my vehicle by the dealer for a free (4 Free Oil Changes as I purchased New) oil change (It was due).

14) After this, I had to go to work as I had only taken half a day off. That night, I requested a name change with PayPal, but they said they needed a copy of my new License.

15) The next day, I went down to the DMV (with the required documents + my court order) when they opened (I had made an appointment prior to my court date). Florida requires you to update Social Security at least a day before updating your license. I was in and out pretty quickly. As my tags was coming up for renewal, I got that renewed while I was changing my name.

16) I went down to my Cableco and change my name with them. I changed my name with my various banks and  creditors. Typically, credit cards require this to be done by mail, but banks can be changed in person at a branch. Unfortunately, you still have to change the name on any (non Debit) credit cards issued through the bank separately by mail, because Credit Cards are a different department. How stupid.

17) I changed my name with my employer. They made me file a new I9 and W4, so I had to wait a week to get my new SS Card before they would change the name on my paychecks and insurance.

18) Insurance took a little while to get me a new card. In the mean time I had an Endo visit. I was worried that the name changing might cause a problem with my insurance claim, but it didn't.

The legal process took about a month, but if you know how to time everything (I didn't) and have all the required documents (I also didn't), you could probably go from fingerprints to court date in 2 weeks. This only applies to my County, but in this county, your best bet would be to start on a Monday. Then, they should get your prints back by the following Wednesday, allowing you to file your request for a court date and hear back before the end of the week, allowing you to get a court date the following week.
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Devlyn

You should find the information you need in here: https://www.susans.org/wiki/Category:Documentation_changes

Remember to thank the Wiki Staff!

Hugs, Devlyn
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lisarenee

Quote from: Devlyn Marie on November 09, 2015, 11:28:36 AM
You should find the information you need in here: https://www.susans.org/wiki/Category:Documentation_changes

Remember to thank the Wiki Staff!

Hugs, Devlyn

Since your Wiki indicates some questions as to requirements, I can confirm (in Florida) that you do NOT need a new Social Security Card or Passport to get your license changed. You just need to have updated everything with Social Security and wait a day for all the computers to synch (why it still takes a day in 2015 to synch computers is beyond me). I took my old Birth Certificate, old US Passport, W2 in my old name (current address), receipt from SSA showing I had applied for a new card (they no longer put your SSN on the receipt, so it technically is not considered proof of SSN, but it does show you have updated SSA), Some Recent Bank Mail (proof of Address), and my Court Order of Name Change. You can find all the required documents at --

http://www.gathergoget.com/

Basically, they had no problem taking documents showing my old name as long as I had the court order showing my old and new names.
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Nattiedoll

Hey Lisa,

Thanks for sharing your experience I enjoyed reading. Your information was really helpful! I haven't started my process yet, I will work on getting all of the things I need first. So you said this can all take two weeks? If so that is great news to me. So all I need is a fingerprint, endo letter, and copy of my license, SS, and birth certificate. I file the petition before all this right? And then I gather the information and request court date.

Thanks :)
Natalia
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lisarenee

Quote from: Nattiedoll on November 09, 2015, 01:22:28 PMSo you said this can all take two weeks?

How long things take varies not only by state, but by county. How long will be determined by the requirements (e.g. does the state have an outdated newspaper requirement, which will add an artificial delay) and how busy the courts are. Apparently, the civil court in this county doesn't seem to have a heavy load, so things move quickly. I've heard that Orange County takes about a month, but has less paperwork/documents required.

QuoteIf so that is great news to me. So all I need is a fingerprint, endo letter, and copy of my license, SS, and birth certificate. I file the petition before all this right? And then I gather the information and request court date.

Again, this will vary not only by state, but by county. New York's process might be different than Florida's. I just checked and unfortunately per the Wiki New York has a newspaper requirement and mails forms, which will add to how long things take. The Wiki indicates 6-9 weeks + however long the newspaper post has to be run. For all the bad things about Florida's politics, we don't have to deal with publishing in the newspaper. Document requirements will vary by state and county. All the documents I had to submit weren't a state requirement, but a county rule. I have heard from people in Orange county that they did not have to submit documents.

The best advice would be to look into the process in your state/county.
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Amy1988

Quote from: Nattiedoll on November 07, 2015, 02:33:40 PM
Hey,

So I've been transitioning for almost a year now I'm going full time soon and want to change my gender and name legally on paper. I have done my research and know almost everything about transitioning but the whole name/gender change legally is something I am not as familiar with. Does anybody have any knowledge on this topic or have done this? I would love to hear your experiences and knowledge about it. How long does it take?

Thank you :)

Contact the transgender law center. They will send you a name change packet specific to your state.  That's what I did
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Nattiedoll

I have an idea now on what the NY requirements are now thanks guys :)

As far as the gender marker, you said you got a letter from your endo? Do you know if there are requirements on how long you need to be on hormones? I'm at 6th months planning on having everything done by eight months. This can vary state to state as well but your experience would still help.

Thanks ladies
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iKate

Quote from: Nattiedoll on November 09, 2015, 06:02:10 PM
I have an idea now on what the NY requirements are now thanks guys :)

As far as the gender marker, you said you got a letter from your endo? Do you know if there are requirements on how long you need to be on hormones? I'm at 6th months planning on having everything done by eight months. This can vary state to state as well but your experience would still help.

Thanks ladies

You get a letter from any MD or DO who has treated you.

Callen-Lorde has a nice guide which lists the requirements.

The letter must state that the doctor has made a "medical determination that
one gender predominates over the other." That is the specific language NYS wants to see.


This is the letter I got, but it has all the required language for driver licenses (not NJ which is a different procedure), social security, passport, benefit card and pretty much anything else.

The blurred out parts are the doctor's name, address, telephone, signature and license numbers (NYS and DEA) as well as my info.


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Karen5519

As an attorney, I would suggest that you find a local attorney to draft the petition for name change and have them file it with the Court with all of the pertinent attachments required.  It would be money well spent in that it almost always cuts down on the time to get the petition approved.  The reason why is the attorney has done this a number of times and is known to the people in the courthouse and if their is more information needed they would often call the attorney out of professional courtesy rather then to write you a letter.  Furthermore, since the attorney is often physically in the courthouse it would not be out of their way to drop into the office to see if or when the petition was ready to be signed by the judge.  I remember when I had my name change petition finalized I had to go to Court......and was the last matter on the docket where only the judge, court reporter and myself were in the room at that time.    It took me three weeks to get my name change approved from first filing the petition
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iKate

At least in this state (NJ) an attorney is a waste of money unless you have complicating factors like trying to evade creditors or outstanding warrants or judgments or your life is in danger.

The process is very straight forward if you can follow instructions. The court even provides a packet of forms.

This is how to do it in NY.

https://www.nycourts.gov/courthelp/DIY/nameChange.shtml

In New York I believe the transgender legal defense and education fund will even do it for free for you via the transgender name change project.
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Nattiedoll

The letter was really helpful Kate. I have a general doctor but don't go to him much sense all of my doctor visits are mostly for transitioning. I have so many doctors lol. I'm sure he won't have a problem with writing a letter for me.
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iKate


Quote from: Nattiedoll on November 14, 2015, 02:46:09 PM
The letter was really helpful Kate. I have a general doctor but don't go to him much sense all of my doctor visits are mostly for transitioning. I have so many doctors lol. I'm sure he won't have a problem with writing a letter for me.

also make sure the letter has your SSN on it too. The top left blurred part is my name and address and SSN. The bottom blurred parts are their signatures (the MD one is the most important but the nurse practitioner put hers for good measure) along with contact info and license numbers both the NY state license and DEA#.

I used this with no problems.
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