The Name Change Process

Level O: Logistics & Reminders

PRIMARY DISCLAIMER: THIS IS NOT LEGAL ADVICE! If you have questions about a case, reach out to a legal aid organization.

Two IL based legal aid orgs are Transformative Justice Law Project and Illinois Legal Aid Online.

Secondary disclaimer: The purpose of this guide is to provide a brief overview of the name change process. I am from Illinos and base most of my knowledge in IL process. Your mileage may vary. Please double check your work against the guidelines provided by your county's office.

Many people think that name changes are bureaucratic hell. They are somewhat correct. But legally changing your name is a crucial step in protecting yourself from the political clusterfuck that surrounds us. Its worth the time and effort. Remember. The state is obligated to provide you a name change. The right to self-identify is among the most basic. The name-change process may be tedious, but it is your right. You deserve to be respected.

(a) Time commitments and costs

An average overview of the name change proces looks like:

Things will cost money at almost every step. Budget accordingly for the cost of filing documents, picking up certified copies, etc etc. Shit can get pricey quick, so look into fee waivers when you can (explained below). ALso, look up prices beforehand. Better over-prepared then stuck with a declining debit card.

(b) elgibility

Depending on your state, you may have to meet different elgibility requirments to get a name change.

In IL, you must:

Other factors, like immigration status or previous convictions for identity theft or sexual offenses may impact elgibility. Check the rules in your specific state to make sure you are filing in accordance with state law.

Level 1: Court Forms

You will need to prepare several documents to file. Print off all of your court-related forms in one go, or compile all four documents together into a single pdf. If handwriting, write in black or blue ink.

IL forms can be found here IL instructions can be found here IL fee waiver forms can be founder here

(a) Request for Name Change & Motion to Impound Forms

Begin by filling out a Request for Name Change form. You will file with the Circuit Court's office in the county you live and get a case number and hearing date. You should also file a Motion to Impound (ie: make the court records private).

On the Motion to Impound form, you can check the box that states "it would be a hardship because petitioner is [...] transgender." This will basically seal your records so no one can access them except you and the judge. You will be given a certified document that allows you to reopen the case record, should you ever need to. Please don't lose this.

Remember, your current legal name is your deadname. Make sure that it matches your birth certificate, and double check the spelling!

If you qualify for a fee waiver in IL, file as soon as possible. Fee waivers are available for civil cases. You can read more about fee waivers here.

(b) E-Filing

If you are in IL, you will likely e-file your forms. You can find detailed instructions for e-filing here.

If you are in Cook County (including Chicago), the court requires petitioners to e-file photos or scanned copies of their birth certificates and photo IDs. If your address on the ID is not Cook county, send a proof of address (like a lease or bill). SAVE AS A PDF IN PORTRAIT ORIENTATION. If you don't have access to a scanner at home, you can use a scanner app like Simple Scanner (Android).

Level 2: Updating the Docs

Post-hearing

Once your name change is granted, you will need to pick up name change certification documents. These documents must be notarized at the county clerk’s office.

These documents will be called: "Order for Name Change."

If you are in Cook County/Chicago, TJLP recommends you print off 8 copies of the order and take them to 50 W Washington, Chicago Illinois (The Daley Center). You can go to the 12th floor and find Room 1202 in the Daley Center. Go up to the counter and explain that you are there to get your name change order certified. The clerk will charge you $6 to certify per copy. If you have the clerk print them, it is $8 per copy. (If the judge granted you a fee waiver for your name change filing, you will not have to pay for the certified copies of the court order.) Government agencies DO NOT update each other when there is a name change, You must visit EVERY agency and update your name manually.

In most cases, you must update the name on your:

Depending on your circumstances, you may consider updating:

Updating forms is likely to come with associated costs. Make sure you are able to budget for the most important document changes, and make a plan to update information as you are able.

Make sure to prepare documents ahead of time to avoid being turned away. Nothings worse than waiting in line at the DMV for two hours only to be told that your proof of address is not sufficient. Trust me.

Concluding thoughts

If you've never had the pleasure of updating documents before, the name change process may seem daunting. To make it easier to digest, I reccommend writing down everything you need to do, and subdividing your tasks from most to least important. For example, in the post-hearing stage, getting a Real ID may be the most important. I can then find a day to take off work and go to the DMV. Afterwards, I can worry about updating my less time-sensitive docs, like the name on my diploma.

I also recommend having another person keep you accountable. If you are working with a legal org like Transformative Justice Law Project, this might be your case worker. If you're doing this alone, it might be your partner or sister. Basically, loop in who you can trust to hold you to your plans (or at least hold your hand in line at the DMV).

In sum: you got this. I love you. Double-check your spelling.