Legal Question in Civil Litigation in New Jersey
Common law name change
I changed my name under Illinois common law 15 years ago. The ''Affidavit of Name Change'' that I filled out is nothing more than a notarized, sworn statement stating that I now wish to be known by my new name. This affidavit was all I ever needed to establish or change my name with all private and government entities, including the NJ MVC in 2002 when they issued a license in my new name. In 2006 when I went to renew it, they refused.
An excerpt from Illinois Decisions reads ''At common law, and in the absence of statutory restriction, an individual may lawfully change his name without resort to any legal proceedings, and for all purposes the name thus assumed will constitute his legal name just as much as if he had borne it from birth.''
Is NJ not obligated under the doctrine of full faith and credit of other states' laws to honor my common law name change? I've spoken to a few lawyers and all of them have said ''just do a legal name change now, it's the easiest thing to do'' but I am stubornly opposed to the idea for a number of personal reasons. One attorney mentioned trying to get a declaratory judgment but I don't know much about this. What options do I have?
3 Answers from Attorneys
Re: Common law name change
Well, you can file a lawsuit to challenge the NJ Department of Motor Vehicles (DMV) policies and procedues and attempt an action for declaratory judgement. This will obviously take some time and you will not have a driver's license in the interim. Before filing, be sure that you complied with Illinois law and procedure. Option two is to file a legal name change at the county courthouse... it is pretty quick and simple.
I do not know whether you are correct or not regarding the Illinois procedures and whetehr they were properly complied with. I do know that you need to decide whether or not it is worth the wait to find out.
Re: Common law name change
You may also wish to check out these statutes:
Illinois Statutes 735 IL CS 5/21-101 Proceedings; parties. If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition in the circuit court of the county wherein he or she resides praying for that relief....
Illinois Statutes735 IL CS 5/21-102 Petition. The petition shall set forth the name then held, the name sought to be assumed, the residence of the petitioner, the length of time the petitioner has resided in this State, and the state or country of the petitioner's nativity or supposed nativity....
Illinois Statutes735 IL CS 5/21-103 Notice by publication.
Illinois Statutes 735 IL CS 5/21-104 Process and notice to persons outside this State.
Re: Common law name change
It seems that you have to choose between being stuborn or driving in New Jersey. If it makes you feel better about it, you are misinterpreting the Full Faith and Credit Clause. That clause says that, "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." It does not say or mean that full faith and credit must be accorded without judicial process. For example, if you had an Illinois civil judgment and wanted to collect it in New Jersey, the sheriff would justifiably reject your Illinois court order. You must file suit in New Jersey to have the Illinois judgment "docketed." The NJ court would not hear any substantive defenses because it has to honor the Illinois judgment. It will simply enter a judgment in your favor that the NJ sheriffs will enforce for you.
The same here. If you want to compel the NJ administrative agencies to honor your Illinois name change, you have to get a court order of one form or another. The quick, easy, straightforward, and inexpensive way is to get an order declaring your birth name to be changed. The slow, challenging, convoluted, and expensive way is to file a complaint in lieu of a writ of mandamus against the Commissioner of Motor Vehicles. The first way will get you the result you want. The second may or may not.
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