Legal Question in Civil Litigation in Florida

Re: Changing my name

Generally speaking, you can call yourself anything you want as long as it is not for a fraudulent purpose. If you want to call yourself and have others call you "Sue" you do not need a court order to do so. You might have a hard time doing some things as "Sue" if you need to show ID like a birth certificate, passport or military ID -- which will all have your legal name. If you want to change your legal name, there is a simple process to do so that requires appearance in Court and the filing of certain papers. If Florida is your domicile, you can plan to do this when you next return.

Re: Changing my name

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In order to legally change your name to one other than that of your spouse's, Florida has a statutorily defined procedure which requires an appearance in Court. You cannot aribtrarily just change it. You can call yourself whatever you choose, but it is the equivalent of a nickname because unless you follow the statutory procedure, you will be unable to change any legal instruments including you driver's license, your birth certificate, your social security card or the like.

Please note that a judge in Florida has the right to allow you to appear in court by telephone. You can file the pleadings and ask the court to allow your appearance to be by phone if you are unable to attend in person.

Scott R. Jay, Esq.

Scott R. Jay, Esq.