Few legal restrictions exist if you want to change your name
Perhaps you are writing the great American novel and want to adopt a pen name like Samuel Clemens did when he took the name "Mark Twain." Maybe you are planning on an acting or media career and want another, more memorable name. Perhaps you were born outside the U.S., but as a U.S. citizen, you want to adopt a new name. Changing your sex is another reason for a name change.
These are a few of the reasons why many people each year choose to legally change their birth name. Illinois law usually allows persons who have resided in the state for at least six months to file a petition to the court to officially change their name.
In Illinois, the presumption is that the applicant's request for a name change should be granted. Consequently, unless there is a reason why the court should not allow a person to make the name change, it is usually granted. A lawyer will probably advise you to have a reason for the name change, in case the judge asks you about it. The judge may deny the request if you want to change your name to that of a public figure or if your "new" name includes obscene language.
There are some persons who cannot have their name legally changed. Persons who have been convicted in any state of a crime or misdemeanor cannot file a name change in Illinois unless ten years have passed since the date the person completed serving his or her sentence or was pardoned. The crimes are any felony, criminal sexual abuse when the victim at the time of the solicitation was under age 18, sexual exploitation of a child, indecent solicitation of a child or solicitation of an adult. No person required to register as a sex offender under the Sex Offender Registration Act can file a petition for a name change until the person is no longer under a duty to register under the act.
If you do change your name, your attorney can also advise you on who legally should be notified about the change such as the IRS and the Illinois Department of Revenue. An attorney can also advise you about different name change rules for minors and for name changes in conjunction with a divorce.
Source: Self Help Legal Center, Southern Illinois University School of Law
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.