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Comment by geoelectric

3 days ago

This is technically the law in California, too (and possibly that’s where you live) but in practice the ability to do common law name-change has been abolished at a bureaucratic level.

Since at some point everything official now routes back to either a passport, an immigration/naturalization document, a court-issued name change doc, or a marriage certificate, those are effectively the only ways your name can be changed.

The problem is that all the law can do is make it legal for you to use whatever without it being considered fraudulent to try. But if your law is like CA’s it doesn’t specify other institutions other than possibly state government ones have to honor that and, in particular, it can’t constrain the federal government at all.

So that leaves the DMV as the one possibly effective way to do common law change, on the off chance somewhere will just accept your license as proof of identity. But now that driver’s licenses are subordinate to passport info or equivalent via Real ID, that route is pretty much toast too.

You might still be able to get the alternative state-only DL / state ID with a common law name, and maybe open a bank account with that, but then the credit reporting companies (or Chexsystems) don’t have to honor it so you’re possibly screwed anyway. Plus without a Real ID you’ll have to show a passport to fly domestically, and that will have the name you don’t like.

And, of course, none of this helps with your paycheck because you can’t satisfy an I-9 with a DL. It requires a federal document, too, which—if your state info doesn’t match your federal info—needs to be a fully identifying federal passport/equivalent. So even if you get the bank account with your chosen name, you might run into issues with your checks being to a different one.

At this point, it’s just not worth trying common law name change anymore. You either flip a few hundred for the official change or you accept the fact that you’ll have a public name and a private name.

(And I say this as a “Geo” who strongly dislikes seeing “George Jr” on stuff so I feel your pain. I just tell my employers that my given name only goes on paychecks, benefits, and tax forms, and is to never be used publicly. That has always worked.)

That's what I do, too. If you have to put Joe on the paperwork, fine, but call me Frank.