Name Change Attorneys in Spartanburg

There are a number of reasons you might consider a legal name change. Perhaps you’re ready to shed your ex-partner’s name and go back to your maiden name, maybe you want to shed your birth family’s name and blaze your own trail, or perhaps you want your child to have the same surname as you. No matter what reason you have for a name change, you have to go through a specific legal process put in place by the South Carolina legislature.

Not sure what your next step is or if the court will grant your name change? An experienced and trustworthy family law attorney in Spartanburg is your next stop. Call Nowell Law Firm at 864-469-2481 to set up a consultation as soon as possible.

Why Are You Seeking a Name Change?

Under South Carolina law, you can legally change your name for virtually any reason. Some of the most common reasons adults choose a name modification include:

• Returning to a maiden name after the end of a marriage
• Choosing own new last name due to abusive or unhealthy family history
• Fixing a technical error found on government forms that have left you with a misspelled name your entire life
• Changing a difficult-to-spell or difficult-to-pronounce name to something easier to say, particularly for those who work in the public eye and get tired of correcting people every time they meet someone new
• Getting away from a stalker or ex who won’t give up
• New first name to fit a gender identity
• Dislike of one’s birth name

The process is fairly straightforward in South Carolina.

The Steps of an Adult Name Change

If you are getting your name changed because you are getting divorced, you can simply include your name change in your divorce settlement. A provision regarding a name change is generally included in your Final Order of Divorce or Separate Maintenance. This saves you from additional paperwork and allows you to quickly transition to your maiden name.

Those who need to change their name for any other reason do need to go through a slightly more involved process. The steps include:

• A background check—the State Law Enforcement Division handles this step
• A fingerprinting appointment with the local police department
• Via SLED, a verification as to whether or not you are listed on the Registry of Sex Offenders
• Complete an Affidavit swearing you’ve been a resident of SC for at least 6 months, and also that you aren’t obligated for any outstanding child support or spousal support payments
• Via the Department of Social Services, get confirmation and a screening statement that declares whether or not you are on the Central Registry of Child Abuse and Neglect

As illustrated above, a big part of this process is going through multiple screenings that relate to your criminal history. If you have a criminal history, you may wonder whether or not that will stop you from changing your name.

Generally, a criminal history will not stop you from obtaining a name change. However, the various government agencies that keep track of those with different criminal backgrounds do need to be able to keep track of offenders even after their names have changed.

After you have completed these steps, the court will generally award your request to change your legal name.

Changing a Child’s Name

The process of changing your child’s name is more time-consuming than the process of an adult name change. To start, both parents (assuming that there are two parents on the child’s birth certificate) must be a party to the petition.

The Family Court will also appoint a GAL, or guardian ad litem, to determine the best interests of the child and make choices reflecting the child’s needs. After the petition is brought before the court and the guardian ad litem has weighed in, the court will decide whether or not to grant the requested name change.

A number of factors come into play when the court is considering a name change request. Those factors include:

• How important the child’s surname is as part of their relationship with their family
• How long the child has had their current last name
• If a different last name will impact the child’s relationship with either parent
• Both parents’ preferences
• The validity of the reason for the request
• If the name change (or name staying the same) could lead to harassment or other difficulties for the child
• What motives the parents have for the request
• How the current and proposed names are viewed in the community and society as a whole

As you can imagine, there are a number of ways this could play out. Consider, for example, a parent who wants to change their child’s last name to their maiden name. The child currently has the other parent’s last name, as they have since birth.

The other parent is still very involved in the child’s life, sees them multiple times per week, and is part of educational and medical decisions. In this scenario, the court would likely be wary of the first parent’s motives for requesting a name change and would not be likely to grant it. On the other hand, there may be a parent who has raised a child on their own for the child’s entire life.

Although the child has the other parent’s last name, the other parent has never been present and offers no physical or financial support to the child. The parent simply wants the child to have the same last name for ease of appointments, school enrollment, and other matters. The court would likely be more willing to consider granting a name change in this scenario.

Reach Out to Nowell Law Firm Now

Having the help of an experienced family law attorney can make the entire name change process much easier and stress-free. Turn to Nowell Law Firm and let us help you navigate your or your child’s name change. Just reach out to us online or call us at 864-469-2481 to get started.