Susan's Place Transgender Resources

         
            In Ca I have just found out that you have to submit your new name in a local newspaper and have it run once a week for 4 weeks!

        Ummmm.....Does this seem right to you, its not like we are going to request a name change every other week.  I thought at first they were just pullin my leg and messin with me but no, its true alright. I wanted to look to see if i could change it without getting a note from my dr. and I found this.

     Just Ranting.....but does this seem right to you guys??????

It's a holdover from another era, but there is a reason for it.

That definitely doesn't sound right.  Where in the newspaper do they have a place for that and do you have to pay for it?  And this is only if you don't get a doctor's note, right?

There used to be little court papers that existed just for the reason of printing legal notices (they are required for several things besides name changes).  It makes it part of the public record and give people time to put in a legal protest if they have a reason to.

I had to have mine posted up for anyone to view for 10 days

I wouldn't worry too much, who is going to be looking through that section anyway? And if its someone who recognizes your name, well at least you don't have to tell them you changed your name.

Quote from: sortofyes on March 20, 2011, 10:32:14 PM
That definitely doesn't sound right.  Where in the newspaper do they have a place for that and do you have to pay for it?  And this is only if you don't get a doctor's note, right?

If you want to change your name for any reason at all in California, you need to submit it to the newspaper.  It gets printed in really tiny print in the legal notices section of the newspaper.  You do have to pay for it, unfortunately.  Different newspapers charge vastly different prices, so you should get a list of approved newspapers from your county courthouse and then call around for the cheapest price.  The reason behind it, ultimately, is that it's their way of making sure you're not trying to escape creditors or other consequences by changing your name.

And it doesn't matter if you have a doctors note or not - you'll still have to go through this whole process.  Having a doctors note will not help you get your name changed - it's simply not relevant.  The only thing a doctors note can help you with in California is getting the gender marker changed on your drivers license. 

Oh wow that is ridiculous. Seems like a complete violation of privacy. I didn't even think of what would be required when going through a name change other than the paperwork...I will have to look up what is required before I try to go through it, then. I'm in Indiana, so I don't know, but this state seems to have odd enough laws that I should probably worry about it enough to look it up.  ??? That's so weird though...

Thats weird, i never heard of that.. But like others said, whos going to be reading that section anyways? Do you have to pay extra for that though?

Quote from: Shimei Valentine on March 21, 2011, 01:20:28 AM
Oh wow that is ridiculous. Seems like a complete violation of privacy. I didn't even think of what would be required when going through a name change other than the paperwork...I will have to look up what is required before I try to go through it, then. I'm in Indiana, so I don't know, but this state seems to have odd enough laws that I should probably worry about it enough to look it up.  ??? That's so weird though...

I'm from Indiana and it's true that you also have to run it through the newspaper for 3-4 weeks. I don't see what the big deal is, if it means me getting my new name, fine. (Of course I'm starting the name change process this month so I don't care what kind of hurdles there are to get it done. I'm sick of my birth name and I'm going to change it darn it! I've talked to other people who've gone through the process and it's not as bad as you would think.) It's just for legal purposes incase you are trying to commit fraud by changing your name like for example escaping debt you owe to the government or some kind of company. Just roll with it man, it's not like people really read that part of the newspaper anyways.

Quote from: Michael James on March 21, 2011, 01:36:07 AM
Thats weird, i never heard of that.. But like others said, whos going to be reading that section anyways? Do you have to pay extra for that though?

Yes you will have to pay, but isn't it worth the price to gain your TRUE identity for the public to recognize?

Quote from: Shimei Valentine on March 21, 2011, 01:20:28 AM
Oh wow that is ridiculous. Seems like a complete violation of privacy.

It's not private. This is a public action.
If I had the details, I could walk into your courthouse, pay a few dollars and walk out with a copy of your name change.

Fortunately this stuff usually stays pretty obscure.

I doubt anyone reads it, but I also feel like it is an unsafe practice. Here, we have to provide a number of government issued IDs to get a name change, and I think that's enough. Someone going from an obviously male name to female, or vice versa, is highly unsafe if the wrong person does choose to read it. Think of all the "->-bleeped-<- watch" websites that were up a bit ago...scary ->-bleeped-<-.

You don't have to state in the paper why you are changing your name or how old you are...nothing but your name change.  So, someone reading it doesn't know if your mom was a crack mom and gave you a boys name when you should have been a girl etc.  Plus no other information is given so if someone was going to track you down they would have to do some research to get your information - address etc.  Plus, creditors & attorneys are the only folks I know who even glance at that section.

Each state is different ... in Minnesota you don't have to run a newspaper add.  However, when my wife changed her name to mine in Oklahoma we did have to run an ad.

There is no right to privacy in a legal action, pretty much the exact opposite, it's the very definition of public.

As far as I know it isn't very public around where I live. They even recently approved changing gender marker without any SRS, even HRT, because if one were passing and someone with bad intentions saw the gender marker, it could be a safety concern. Potentially, not certainly, probably not even likely.

I really can't see why it's anyone's business other than legal folks - I'm happy to give my fingerprints and name change to the police (I am required to do so), to the DMV, whatever. But not random people, if I want to tell someone I will contact them personally.

It's intended to keep you from changing your name to avoid creditors, escape from your criminal records, and/or criminal prosecution.

People who are under threat of direct and targeted violence can get a waiver for the public notice requirement of a name change and have the name change sealed (that is: not be available to anyone who does a public search). But to get this, you generally have to prove that you are personally and individually in danger (as opposed to belonging to a category that might endanger you). As far as I know, it is used for people who have been victims of violence, including domestic abuse and violence.

Rob: Depending on where you live, sometimes the publication requirement DOES include more information about the person (including, sometimes, an address).

Otherwise, publishing the name change is a pretty common legal requirement. You have to factor in the cost of it and the amount of time it takes (how soon can you get it published, how many weeks are required) into the process of changing your name.

And for everyone changing his (or her) name - note that just because you've changed your name legally, it doesn't mean that your old name will never be visible to anyone, esp for adults. Your old name will be linked to your credit scores, your DMV record, and pretty much anyone who wants to hunt down the info will be able to if they really care to try.

if they really care to try

It's not like you have to search records in person or anything.  All that information is but a few keystrokes and a couple of bucks away from anyone and everyone.

Wow, that sounds like a lot of really annoying work to just change your name.  I understand why they do it, though.

I live in Washington State, and it was extremely easy for me to change my name.  It costed $145.   I had to go to district court before a judge.  but within 1 week of filing a request, it was legally changed.  I don't even have to notify anyone.  I looked up to see if there was a time limit I had before I had to notify at least the DMV, and there wasn't at all. 

In Chicago, you have to have it posted in the Chicago law bulletin for 3-4 weeks before you can change your name.

srry it took so long to get back to u guys, had to go to dmv today...yay ::)

I just cant beleive that they would make us jump through another loop just to change our names. i know most people dont read the section , its just the idea of making us do it. supose it would make a quick tell to extended realitives if i just clip it out and send it tho.

They do they same thing here where I'm from, except it'll only run in one newspaper if you live in a town that's serviced by a local newspaper. It happens for any request of name change, even marriage. And I do think it is a violation of privacy. I don't think I should need public approval on my personal matters. And that's why name change requests are published here. It's so that if anyone disagrees, they can challenge it and you may not get to change your name then.

Eek. I never knew about this either, I'll have to see how it is in NY. Granted, it does make sense (especially after what tekla said), it does still kind of suck. But, again, I doubt anyone I know would be reading the legal sections of the paper, especially the people I'd actually be worried about finding it.

Hmm... this has me a bit worried now...

So is it true that ANYONE can object to your name change? Like say, my mother, a teacher, coworker, friend, enemy??? Do THEY actually have a say in what my legal name is!? Or is it just legal persons who are allowed to object? If it's just legal authority (someone I would owe debt to), then I'd be in the clear.

Anyone can technically object. However, in order to influence the judge's decision, they'd have to have a valid reason for the objection (for instance, creditors who can demonstrate that you're trying to defraud them).

It's more of a public record to help track you down.

(This is US Civil Law only, other places are different)
In order to object (and really most of that is in the hands of the judge) they have to do it by claiming that the name change name change is not for a fraudulent or other illegal purpose, such as evading a lien or debt, or for defaming someone.   Or if the name change is for "frivolous" or "immoral" purposes, such as changing one's name to "God", "Superman", "Copyright", or "Delicious." Also, one cannot choose a name that is intended to mislead (such as adopting a celebrity's name), that is intentionally confusing, or that incites violence; nor can one adopt, as a name, a racial slur, a threat, or an obscenity.  (mostly from wiki)

And, before you can object you have to have what the law calls 'standing' that is, you have some vested interest in the matter at hand.  No one can just walk in off the street and object.

They do here in West Virginia. My mom wanted to change my last name when I was a kid to have me adopted under my stepdad's last name, but she didn't go through with it because it had to be published in the newspaper. And she said that since anyone could object to it, and was afraid that someone would, she didn't attempt to get my name changed. I'm not sure of the specifics but knowing how effed up everything is, I wouldn't doubt it if someone who just plain doesn't like you could go raise a stink and get your name changed denied. But I plan on hopefully getting out of this hell hole before I get to that point.

Quote from: kyril on March 23, 2011, 02:00:01 PM
Anyone can technically object. However, in order to influence the judge's decision, they'd have to have a valid reason for the objection (for instance, creditors who can demonstrate that you're trying to defraud them).

So because I have debts, I would never be able to transition and change my name? Do you have to be totally debt-free to get a name change?

Quote from: sascraps on March 23, 2011, 02:03:28 PM
So because I have debts, I would never be able to transition and change my name? Do you have to be totally debt-free to get a name change?

Only if you're trying to defraud your creditors, you have no history or intention of doing, so there's no grounds for objection.

I think if we had to be debt-free to get our name changed, almost everyone in this economy would be screwed (think of all the students who have loans for school, credit card debt, etc).

N.Chaos.....I live in NY and you do have to put your name change in a legal paper. I looked into it a couple years ago. When I went to get information the woman at the office told me I could choose what paper, but recommended one that was like $45. It was a legal paper that I had never heard of, and have absolutely no idea where you would buy it or get a copy of it. I don't know if anything has changed but I don't think you have anything to worry about as far as your average person seeing it.

Quote from: sascraps on March 23, 2011, 02:03:28 PM
So because I have debts, I would never be able to transition and change my name?

There is nothing wrong with debt by itself.
In the absolute worst case you would have to prove that you notified the debt owner that you intend to change your name.