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Friday, 19 August 2011 22:47

What's In A Name?

Written by  Jennifer Nottingham
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EVERYTHING, so let's review the process of a legal name change.

Being transgender certainly presents challenges, one of which is a legal name change: no trans-woman wants to spend the rest of her days with her male birth name attached to everything she does.

So I wanted to share my own name change experience in hopes that it might help other transgender individuals feel more at ease regarding the process.

I have to admit from the start that I was very unsure about what to do. I had been told by many -- either at my local transgender group monthly meeting, or by others that I corresponded with via the internet -- that I must hire an attorney to get a legal name change.

This brought about two issues for me; one was that money for me was in short supply and needed for other important things, such as food and hormone replacement therapy; the second was being in South Carolina where I sensed – like in many places in the South – that there were few attorneys in a hurry to aid a transgender person

So, after consulting with an attorney -- who did work with transgender clients, surprise! – to inquire as to the cost and time required, and then discovering the length of time before she could even take me on as a client, I decided to embark on this expedition alone.

The first thing I did was to scour the internet for anything and everything that had to do with a name change; specifically regarding a transgender individual. After a few days of surfing I was a bit upset that I was not getting any precise information. On the other hand I then realized that the laws varied so much from state to state that I needed to look locally.

On the county clerk’s website of Charleston County South Carolina, I found the information I was looking for; how to obtain a legal name change in South Carolina. The rules applied to everyone, not just transgender people.

The next step was to get all the appropriate paperwork that I would be needed to file with the county clerk’s office.

There are several ways that you can go about this; (a) download the pages off the internet (though the problem here is that it must be a certain grade of paper that you print out to, and when I checked around I was unable to find a place to purchase a small amount of this paper, (b) hire a legal document provider over the internet to fill out the appropriate paperwork and mail the finished documents to me. I did the later. There are several companies on the internet that will sell you these documents all for various prices, and my advice to you is to check out their track record and the costs; I will tell you now that the prices are not cheap but pale in comparison to hiring an attorney.

I had my name change done in January 2008. The cost then was around $120.00 to get the documents prepared and mailed to me. Today, I’m sure the costs have gone up some since then.

Once you have hired the firm they will email you a questioner asking you the appropriate questions that they need to fill out the blanks on the legal forms. My advice is to be truthful and not to lie aboutanything. Once you get the paperwork back from the firm, you will have to have them notarized -- and also swear that everything you said is truthful, and that you are you doing this to avoid prosecution.

Next thing you need to do -- at least here in South Carolina -- is to get yourself fingerprinted. It is not as bad as it sounds. It’s no longer the old way of putting your fingers on a ink pad and having them rolled onto a card like you see on TV; most police stations have a computerized system and it can be done easily and without any ink.

You must also obtain proof from the state that you do not owe any child support; this does not stop you from getting your name changed, but if you do owe child support it complicates the matter a bit and you may have to hire an attorney. The other thing is proof that you are not on any sex registries. This can cost from zero to a nominal fee, and they will mail you the results back to your home.

Once all your paperwork (name change, fingerprint card, background checks) is organized and complete, you’ll have to submit them at the country clerk’s office at the court house in your jurisdiction, and pay yet another fee -- mine was $120.00.

The day I arrived to file the papers my heart was a flutter. I was scared and excited at the same time.

 

As it turns out it was good that I read up on everything, because the clerk cannot give you any information on how to do it right. You either got it right or you didn’t. Upon submission of the paperwork to the clerk they will provide you with available court dates. They will ask you to choose one, insert your name in a time slot provided and list your attorneys name as well.

I did not have an attorney. But I read that the legal-ez for those that are representing themselves is pro-se, so that is what I inserted there.

I submitted my paperwork in October 2007 and the earliest date I could get was January of 2008, so you have to be patient, some of you will get in quicker and I am sure some of you will wait longer depending on where you live.

But everything to date was just the preparation stages, and most of it was from behind a computer screen or clerk’s window.

Now came the scary part; the day I would be standing in front of the judge, who holds all the cards and can accept or deny the request.

I wore what I believed to be the proper attire for the person I was and was trying to present. I had been living full time since October 2007, so, for me, it was just another day. But how I presented myself would be important, and have an impact on the judge, I knew, so I thought an upscale office look would be appropriate.

I wore dress slacks and a blouse in neutral low-key colors, and a pair of flat sensible shoes: I didn’t want to be flashy. I had two friends accompany me to the courthouse that day as character witnesses, and though they did not have to testify, I was still glad they were there just for moral support.

We had waited in the waiting area of the courthouse with all the other people who were waiting for their cases (all of us waiting for family court if you were wondering). After what felt like hours my name was finally called and I entered the court room. The room was small with a space for the defendants to sit, and the judge sitting high up on her pedestal looking down upon me. I have to admit it was intimidating. The hearing was being recorded so I had this microphone sitting in front of me. I had never spoken into one before.

The case began shortly and she asked me to state my given name which was of course my male name, and then to give her the name I wanted to have it changed to. She proceeded to ask me questions like why was I doing this, where did I get my fingerprint check, was I doing it for illegal purposes.

She looked over the paperwork and even though it wasn’t exactly right, she granted me the name change and told me to come back the next day to the clerk’s office to get the official documents.

I wanted to jump in the air and scream YAAAHOOOO! But I just demurely said, “Thank you your honor.”

Over all the process was much easier than I expected. It was scaring to be sure, especially because I had no idea what to expect at each stage; the clerk’s office, the police department, and the courthouse

Through I think if you present yourself as a competent person of the sex for the name you are asking for, and come across to the judge as having a good reason to change your name, then everything will go smoothly.

I know different states will vary some from one to the other. But through my experience I hope those of you seeking a name change will be able to pursue it with just a little less trepidation and fear knowing that someone before you came out of it OK.

I wish you all the best!

 

Last modified on Saturday, 20 August 2011 01:58
Jennifer Nottingham

Jennifer Nottingham

I am a MTF transgender woman, I have been living full time since 2007 and enjoying my life.

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