I need help changing last name .......legally?

Question

My husband and I were going to go on a cruise this summer so we had to get a copy of his birth cirtificate for a passport. He has never had a copy himself.When he applied they told him that the last name he has used for his whole life is not his real last name,he went to school ,was in the marine corp ,and we got married under this name .His grandparents raised him under their last name which is his mothers maiden name.But his bith certificate says his mothers first married name. The vital records office says we have to go to court to get a legal name change to keep the same last name he has always had.A lawyer says it will be 2500.00 for him to do it which we do not have .The court says we can do it without a lawyer but they can not give us legal advice on how to do it..So can anyone tell me how to do this on our own,We do not have much money .Both his grandparents have past away as well as a attoreny they may have used. The state does not show a legal adoption under this name.

Answer 1

You can view the law summary for each state (and purchase forms if you desire) here:
http://www.uslegalforms.com/findforms/namechange.htm
Just click on the state you live in and scroll down.

Since this is just a birth certificate error correction it should be painless. Just a matter of creating proper court documentation. (Vital statistics office can usually only make changes to "recent" certificate errors)

Answer 2

You can easily do it without an attorney. I changed my name myself when I was 15 years old without any help from an adult. You can usually get the paperwork online from your county courthouse's website or you can go to the courthouse in person and they can give you the necessary forms. It usually runs from about $200-$400 to file the paperwork.

BUT - since he has been using that name his whole life, he does NOT need to have his birth certificate changed to get a passport. The passport office will use whatever is on his photo ID card. You should also type up an affidavit and have your husband sign it and have it notarized, stating that there was an error on his birth certificate and that he has used his mother's maiden name his whole life. Again, if that is the name on his photo ID, that WILL be the name on his passport.

Answer 3

Is there a lawyer in your area that deals with people who can't pay? I'd try that first, and if it doesn't work, then get online and just type in something like, "How to change last name." It's amazing if you try, what you can find out that way!