Illinois Name Change Laws

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    Who Can File for a Name Change

    • Anyone who has resided in the state of Illinois for at least six months may file for a name change, including people who are not U.S. citizens. However, individuals convicted of certain crimes are not eligible to change their names if 10 years have not passed since the completion and discharge of their sentences. The crimes for which this disqualification applies are any felony, misdemeanor sexual exploitation of a child, misdemeanor indecent solicitation of a child, misdemeanor solicitation of an adult, identity theft and aggravated identity theft. In addition, anyone required to register as a sex offender is not eligible to file for a name change.

    Common Law Name Change

    • Using the common law method, you can change your name in Illinois simply by adopting a new name and going exclusively by that name. However, this method has its drawbacks. In particular, it does not change your birth certificate and Illinois driver's license. In addition, the Social Security Administration may not recognize the name change. The passport office should recognize a common law name change as long as you can document your having used your new name for at least three years.

    Court Ordered Name Change

    • The second way to change your name in Illinois is through a court ordered name change. This method has the advantage of changing your birth certificate and passport, and is recognized by the Social Security Administration. Illinois laws require that you publish a weekly notice of intent to change your name in a newspaper of general circulation for three weeks. Six weeks after the publication of the first note, a Petition for Change of Name can be filed. This petition leads to a hearing in front of a judge who will enter the official order for the name change after verifying that all requirements are met.

    Name Change for a Minor Child

    • In order to change the name of your minor child you must either secure the permission of the child's other parent or prove to a court that the name change is in the best interest of the child.

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