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"Usage method" name change in California

Started by Arch, August 03, 2008, 09:32:29 PM

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Arch

One of Elwood's recent posts included a mention of name changes, so I thought I would post some potentially useful info here for him and anyone else who might be interested.

For those of you who didn't know, California has previously allowed a person to legally change hir name by the "usage method," whereby the person just starts using the new name (get a notarized document, though) and notifies everyone of the change. This method has been complicated by 9/11 and the prevalence of identity theft. However, the method is apparently still legal in California (and, presumably, in other states).

Nolo Press puts out a book called How to Change Your Name in California. It's written by Lisa Sedano and Emily Doskow. If you are contemplating a California name change, this book can be very helpful. However, the most recent edition, which was published in 2008 (12th edition), no longer recommends or discusses the usage method. I believe that the previous two editions still do, but don't quote me on this. I might be completely wrong. The two previous editions definitely (eleventh came out in 2006, and tenth came out in 2003) do contain info about how 9/11 has affected name changes, but I'm not sure what info these editions contain regarding the usage method.

You can buy the 2008 book new on Amazon, but you should be able to find older editions online and in public libraries. Google Books has preview of the twelfth edition if you want to look inside the latest version of the book.

I am disturbed that recent events have made the usage method a lot less viable--at least, Sedano and Doskow have indicated as much--but I was thinking that some people might still be interested in finding out more about this method. I am not advocating the usage method, just stating that it has existed and apparently still does exist. It is quite possible that in these post-9/11 times, certain agencies (like the U.S. Guvmint, for example) will not accept a name change document that lacks the authority of the court. I just don't know. It would be bloody unfair, but that's the Fed for you. On the other hand, perhaps the usage method could be employed as a short-term solution for someone who has just started the court name-change process.

BUT...you can also change your name in California (and other states) when you marry. I mean, you can marry someone and create a whole new name--first, middle, and last. This might be tougher in some states, but it might be a cheap and easy way for someone to do a name change. Again, I'm not advocating it, just pointing out that it might be an option for a few people in particular situations. And I have no idea how much it costs to get a quickie divorce, but the marriage license route is pretty much instantaneous. Perhaps we should set up a network for pre-change MTFs and FTMs to get together and marry each other in certain states, and kill two birds with one stone! (Okay, I do get these crazy ideas...if both parties change their names, I can see all sorts of red flags going up for the county offices that handle marriages. Or maybe not.)

Let me just say that I have used an older version of the abovementioned book (for the usage method, in fact), and I loved it. It has a high reputation.

I guess I am lucky. I changed my name through the usage method well before 9/11, and I was legally married a few years ago, so it looks like I am covered on two fronts. I didn't have some narrow-minded judge denying me my masculine name, and the usage method was really cheap (so was the marriage, by the way, although I did have to put my name down under BRIDE, which required some emotional trauma for me...still, I needed the medical insurance offered by my partner, so I swallowed my fury and filled out the freaking form).

I guess it costs hundreds of dollars and quite a bit of time to go the court route for name changes. Still, I suspect that nearly everyone will prefer that method because it is the tried-and-true method. But there might be alternatives for a few of you.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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Elwood

True, although, no matter which process I use, I still have to go change my name for all the other places (credit card, school ID, etc). I don't see why I wouldn't just fill out the name change form at the DMV...

The actual change, I believe, is something like $60... I know that a new ID costs something like $25... but this pocket change is going to look like nothing in comparison to my top surgery, so I'm not too worried. I have about $400 saved up (I don't have a job yet; that's pretty good for a kid who only gets money on his birthday and Christmas) and I'm holding onto it.

I think I really only have to go to court for the gender change...
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Lisbeth

Quote from: Arch on August 03, 2008, 09:32:29 PM
It is quite possible that in these post-9/11 times, certain agencies (like the U.S. Guvmint, for example) will not accept a name change document that lacks the authority of the court. I just don't know. It would be bloody unfair, but that's the Fed for you. On the other hand, perhaps the usage method could be employed as a short-term solution for someone who has just started the court name-change process.

The federal government does not accept use names.  Only legal name changes are accepted now.
"Anyone who attempts to play the 'real transsexual' card should be summarily dismissed, as they are merely engaging in name calling rather than serious debate."
--Julia Serano

http://juliaserano.blogspot.com/2011/09/transsexual-versus-transgender.html
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Arch

Ellie, usage IS legal...do you mean to say that the Feds no longer accept non-court-approved name changes, or whatever you might call it? Do you have any documentation on this? I tried to verify (one way or the other) by doing some online searches, but I couldn't tell.

Elwood, you can fill out a name change at the DMV, but that's not the same as a legal name change. When I applied for a new license twelve years ago, I had to provide proof that I had changed my name through other channels, so I brought my notarized form along. However, you might get lucky...it's worth a try. Or perhaps my DMV was unusually stringent.

I made lots of photocopies of my notarized doc and sprayed them all over creation, and that made everyone happy. Except the passport office--they had a screwy rule about a five-year wait (or was it seven?) and would only allow an aka to be added to the new passport. And then they sent me the new passport...without the aka! Boy, was I steamed. So I still don't have a passport in my legal name. Of course, I'm not going anywhere. One nice thing about going through the court system is that you can get your passport changed immediately.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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tekla

A legal - court type - name change in Cali is running about $600 now when all is said and done.  Most of that in court fees.  Got to get money somehow.  Plus you have to run an ad for a few days.  The papers you can get for free, but you have to pay to file them.


twelve years ago
Is before 9-11, many of these rules have been changed since then.
FIGHT APATHY!, or don't...
  •  

sarahb

Quote from: Elwood on August 03, 2008, 09:47:08 PM
True, although, no matter which process I use, I still have to go change my name for all the other places (credit card, school ID, etc). I don't see why I wouldn't just fill out the name change form at the DMV...

The actual change, I believe, is something like $60... I know that a new ID costs something like $25... but this pocket change is going to look like nothing in comparison to my top surgery, so I'm not too worried. I have about $400 saved up (I don't have a job yet; that's pretty good for a kid who only gets money on his birthday and Christmas) and I'm holding onto it.

I think I really only have to go to court for the gender change...

Well, I thought the same thing at first. I thought that I would be able to get the name and gender changed on my license (which I did) and then I could just present that to the other places and get it changed. However, when I tried this they almost always want to see a court order. They wouldn't be satisfied with just the new ID and proof of that change. So, here I am stuck with a license that says Sarah/Female and all other records that have my old info until I have time to book a court date.

I would suggest going the long route and doing the whole court thing. It'll definitely save any hassles later on.
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tekla

I think the filing fee is like $40 or so, I got this off the web, but its years old, so I'm sure the court costs have gone up, I was talking with someone who quoted me the $600 number, but...

I have just recently applied to the state of California for a legal name change. So far the court costs have been $375.00; however, in California you can apply for a waiver of court fees. I have had to run an ad in a local paper in my case the Union Tribune San Diego. The cost of the ad was $475.60 for four weeks of an ad once a week
FIGHT APATHY!, or don't...
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Arch

I might have to eat some of my words...Elwood, I think I misunderstood you. Are you talking about filling out the DMV name change form to get a new license, and then using the new license to persuade other agencies and businesses to accept the name change? Because if that's the case, that's equivalent to the usage method. Usage is also called spontaneous name change and has a couple of other designations, but the upshot is that the California Constitution still gives people the right to change their names without resorting to a court. It is probably prudent to go through the court system later, especially if you encounter resistance from some agencies, but it's your legal right to change your name without going through the courts. This doesn't mean that all agencies will just go along with it. I've been doing more Internet searching, and I'm getting the impression that Ellie and Sarah are correct, that some or maybe even all federal agencies might not accept the usage method. But I don't see how they can refuse if you are firm. The law is the law. Then again, that never stopped them before.

In my experience--and with the exception of my marriage, it was all pre-9/11--I encountered resistance from various quarters, but I always presented my official-looking document and carefully used the term "legal name change" at every opportunity. A lot of folks are not aware that you can change your name at will. But I found that adding the term "legal" to the phrase "name change" caused some of these problem children to switch gears. So people who were skeptical would wind up saying, "Oh, you changed your name LEGALLY? Well, that's different." But once again, this was all pre-9/11. Half of the battle was firmness. And the notarized document worked a lot of magic.

I got married after 9/11. I took my driver's license (new name), a copy of my birth certificate (old name), and a copy of my name-change document. Like others before her, the clerk at the County Recorder's Office balked until I used the magic words "legal name change." But again, this is the only time I had to deal with the problem post-9/11.

I do remember once or twice having to patiently explain that under California law, I had a legal right to change my name by just using the new name; but I honestly can't remember whether I was talking to people who mattered.

Elwood, if you plan to go the DMV route--whether or not you file with the courts later--I strongly recommend that you get hold of one of the not-so-recent Nolo Press name-change books and build a name-change form like the ones they have in the back of the book. I did this on my computer. The top portion reads "Declaration of Legal Name Change" and has the legalese that goes along with it. The bottom half is a "Notarization" section. You can even incorporate some legalese like "With reference to the California Code of Civil Procedure, Section 1279.5, I hereby declare my intent to change my legal name, blah, blah." So you get a nice, dated, official-looking notarized document that will persuade some people who otherwise might not be easily persuaded. And you should probably plan to take care of the DMV and the Social Security office in the same day. But I'm worried about the SS people. The SS office is, after all, a government agency. You might want to make an appointment to go in and talk to someone there before you start the process. If they absolutely will not budge, even when you demand to speak to people higher up the food chain, then you are probably screwed.

Whatever you decide, I'm afraid that a court-ordered name change is now the only good way to go if you want to be sure. And as Tekla indicated, it costs a bit. I didn't know that you could apply for a waiver--you might be eligible. To cut costs, people used to be able to advertise in small, cheap newspapers instead of the major metro paper, but that may be strongly discouraged these days.

I should also point out that some schools allow you to change your name for roster purposes with the provision that your original name will still be the one on the diploma. You might look into this possibility with your school if that is your main preoccupation at the moment. You can always do the court thing later.

One more thing that I remember from the Nolo Press book--if you go with the usage method, you have to use your new name exclusively, for absolutely everything. No exceptions. This wasn't a problem for me, but it might be for you, given your situation.

I know you'll keep us posted. Good luck.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
  •  

tekla

The hardest things to change are, Social Security Records (because of the money involved, not to mention the SS Admin), bank records (because of the fraud deal) and degrees (again, because of fraud).  The rules are different by state except for the SSA, which never changes.
FIGHT APATHY!, or don't...
  •  

Lisbeth

#9
You know, there is a page in Susan's wiki about this.

https://www.susans.org/wiki/Name_change#California

Lisbeth
"Anyone who attempts to play the 'real transsexual' card should be summarily dismissed, as they are merely engaging in name calling rather than serious debate."
--Julia Serano

http://juliaserano.blogspot.com/2011/09/transsexual-versus-transgender.html
  •  

Elwood

No, I was not implying that I would try to "persuade" anyone. I thought that was what a legal name change was.

I guess I do have to go to court. I was under the impression that it was easier than that. I am not part of many "agencies." It was about 6 months ago I became a "real person" in the eyes of the government. I registered my finger prints for the first time.

I don't see how buying a book is going to help me. It just looks like I'm going to have to go to a lot of places and ask a lot of people a lot of questions. I want to look professional and be direct about things. I don't want to spend a month reading a book and memorizing it's contents first. I want to start the legal process. I might apply for legal aid.

As for the "usage method," I will use my name for everything (probably starting mid August). The only time I won't use it is when my mom refuses to call me by my new name.
  •  

tekla

You don't need to do a lot, one stop shopping at the Transgender Law Center in SF.  All the forms are on-line and linked.

http://www.transgenderlawcenter.org/formlinks.html
FIGHT APATHY!, or don't...
  •  

Elwood

Quote from: tekla on August 04, 2008, 11:56:51 AM
You don't need to do a lot, one stop shopping at the Transgender Law Center in SF.  All the forms are on-line and linked.

http://www.transgenderlawcenter.org/formlinks.html
Holy [ahem]. That's excellent. I only have to drive like... an hour and a half to get there, I think.
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tekla

Or take the 80, its like $7 one way (and the bridge toll is $5 all by itself - and parking down there is brutal) but I think most of what you need is on-line, and I bet is somewhat cheaper (perhaps not, but I would guess so) to do it in Sonoma rather than SF county.

But they are at 870 Market Street, that is Market and Powell, one block from where the 80 stops at Mission and 5th.
FIGHT APATHY!, or don't...
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