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Name Change in NY

Started by kenton_07, August 05, 2012, 08:44:29 PM

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kenton_07

I haven't started the process for my name change yet but I want to. I just don't know where to begin. One of my trans friends got his name changed through a lawyer and I figured I should start there but I have no idea where to go. We aren't great friends but we talk every now and again and I asked him which lawyer he used but he said is mom mostly did everything and would find out but never got back to me. So should I go through just any lawyer I can find, or fill out the paperwork myself? I would like to hear your experiences if you are willing to share.
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Nygeel

You can fill out the paperwork yourself. I'm not completely sure of what the costs are, but throwing a lawyer into the mix will make sure you get everything filled out correctly but will cost more. If cost is not a factor then a lawyer would be the way to go.


To get your name changed you need some forms


These forms


I've been told you can speak to (either by phone or in person) your county clerk and ask what's needed and where you can get the forms needed.
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cindianna_jones

In many states, you can do the work yourself. All states worry about is whether you are running away from a legal obligation of some sort or if you are a criminal. If you aren't legal savvy, a lawyer can do this for you for a fee. Check around for prices. Be upfront with the legal staff and you'll save yourself some time, grief, and money.
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fooledthecrowd

I wouldn't bother paying a lawyer. It's simple to do; it's just that there are several steps and it is time consuming. I did it myself (and I live in NYS). Here's how:


1. Fill out the name change form. There is a free online website that walks you through all of the paperwork. http://www.nycourts.gov/courthelp/diy/nameChange.html


2. Bring it to your county clerk's office along with $230 (cash). That's how much it costs.


3. Wait (this is the time consuming part). The county clerk will contact you with a time that a judge can meet with you to review your name change application.


4. Dress up nicely and go see the judge. You have to meet with one just to make sure you're not avoiding debt or changing your name for illegal purposes.


5. Once he approves it, you have to post it in the newspaper before it can be finalized (sucks, but it's the law in NY). How long you have to post it depends on where you live. The judge will tell you. You have to bring it to the newspaper he specifies and pay to post it in there.


6. Once the ad runs for the specified amount of time, the newspaper will send you proof of it in the mail. You then need to bring that to the county clerk's office to file it. Once you file the proof, your name is officially changed.


If you need any help or have questions, I'll be more than glad to help you out.
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Nygeel

@fooledthecrowd Do you have to pay for the legal notice, or does your paying the fee pay for that? About how much does an ad cost?


I'm asking because I qualify for the waiver so I don't have to pay for the name change, but I know there's other costs around it that I would have to pay (for example I don't have a copy of my birth certificate).
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fooledthecrowd

Quote from: Nygeel on August 06, 2012, 09:54:10 PM
@fooledthecrowd Do you have to pay for the legal notice, or does your paying the fee pay for that? About how much does an ad cost?


I'm asking because I qualify for the waiver so I don't have to pay for the name change, but I know there's other costs around it that I would have to pay (for example I don't have a copy of my birth certificate).


The $230 is just the filing fee. The cost of the legal notice isn't included in that. As for pricing, it all depends on where you live and how long you have to post the ad. I only had to post it for one day and it was a smaller newspaper so it was only $20 or something, I think. Ah, and yeah, I can't remember how much the birth certificate cost. I had to order one as well.
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Nygeel

Quote from: fooledthecrowd on August 06, 2012, 10:18:56 PM

The $230 is just the filing fee. The cost of the legal notice isn't included in that. As for pricing, it all depends on where you live and how long you have to post the ad. I only had to post it for one day and it was a smaller newspaper so it was only $20 or something, I think. Ah, and yeah, I can't remember how much the birth certificate cost. I had to order one as well.
Birth certificate is going to be about $50. Are there other documents needed that might cost money? I know somebody needed to get finger printed to get his name changed.
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fooledthecrowd

It's cheaper if you order it from the hospital you were born at rather than ordering it through the state. You get it faster, too. You don't need fingerprints.
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kenton_07

Quote from: fooledthecrowd on August 06, 2012, 09:16:18 PM
I wouldn't bother paying a lawyer. It's simple to do; it's just that there are several steps and it is time consuming. I did it myself (and I live in NYS). Here's how:

If you need any help or have questions, I'll be more than glad to help you out.
When you started the petition and marked your gender, did you mark male or female? I have already had top surgery and I'm not sure which one I would choose.
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Nygeel

Quote from: kenton_07 on August 06, 2012, 11:29:35 PM
When you started the petition and marked your gender, did you mark male or female? I have already had top surgery and I'm not sure which one I would choose.
You can get that changed on your ID pretty easily in NY. I think top surgery would be more than enough.
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fooledthecrowd

You don't need any surgery to change the sex marker on your license in NY. I changed mine before hormones and surgery. All you need is a letter from your therapist stating that you are "truly the gender you say you are." I changed mine when I changed my name (easier to do both at the same time). You can check "male" on the gender section of the petition. You should be fine. Just be sure to have the letter from your therapist for the sex marker change and if there are any questions you can bring that along with you.

Here's the link from the NY DMV website regarding IDs and being trans: http://nysdmv.custhelp.com/app/answers/detail/a_id/405/~/change-of-sex-or-gender-on-a-dmv-photo-document

"Proof of a sex change is a written statement from a physician, a psychologist, or a psychiatrist that is printed on letterhead. The statement must certify that one gender is your main gender (male or female)."

My letter just stated that I've been living/identifying as male for X number of years and that it's stressful and potentially dangerous to have ID that doesn't correctly identify me. It doesn't have to be anything fancy. Just make sure it's on letterhead.
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