|
Once a divorce is filed, a woman can legally resume use of a
prior or maiden name by filing a Notice with the Clerk of Records.
There is a minimal filing fee, and it is usually not necessary
to obtain the services of a lawyer to file this notice.
A child's name can be legally changed through adoption. For
example, if a new spouse adopts his or her spouse's child by
a prior marriage, a Court can formally change the child's name
to that of the new parent. The Pennsylvania Department of Vital
Records will then issue a corrected Birth Certificate reflecting
the child's new legal name.
For other situations, formal change of name procedure is outlined
by Pennsylvania laws which require a court hearing, and approval
of the new name by a Judge. A person can select any name he or
she chooses, provided it is not obscene, slanderous, fraudulent
to creditors, or otherwise unacceptable to society. The Court
has broad discretion to approve or disapprove names. A parent
can also use this method to change a child's name without formal
adoption, but the other parent should be notified.
A legal name change begins by the filing of a Petition with
the local Court. The Court sets a time and date for a hearing,
and the applicant must publish his or her intention to change
name one time in the local newspaper, and one time in the Legal
Journal of the County. Prior to the Court hearing, a search is
made of the courthouse records for any liens or judgments against
the person. A hearing is held before a Judge, at which time the
applicant must state his or her reasons. If approved, the Judge
will then enter a written Decree authorizing the change of name.
Thereafter, the person will be known by the new name and all
records will be changed.
In certain limited cases, a Birth Certificate can be changed
without Court proceedings. For example, a child's last name
can be changed to reflect the name of a natural father if the
child was given the mother's maiden name at birth. However,
all parties must agree.
Most lawyers will charge by the hour for a name change. The
total cost will vary, depending on the lawyer's hour rate, and
the amount of time he or she must spend. In addition, there are
various Court costs and publication expenses. These additional
expenses are approximately $200.00.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
