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Name Change Guide Step-by-Step

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Name Change Guide Step-by-Step Powered By Docstoc
					This is a step by step guide that explains the procedure for a person to legally changing
his or her name. This guide explains whether a lawyer is needed, how to find a
reputable law firm, eligibility, filing fees and deadlines, advantages and disadvantages of
a name change, and steps to changing a name after a divorce. Additionally, this guide
includes all of the forms and documentation required for the name change. This
document should be used by individuals who want to learn more information about
pursing a legal name change.
Table of Contents
How to use this guide: .................................................................................................................... 3
Do I need a lawyer for file for a name change? .............................................................................. 3
How do I find a reputable law firm? ............................................................................................... 3
General Frequently Asked Questions ............................................................................................. 4
Eligibility .......................................................................................................................................... 9
Filing Fees & Deadlines ................................................................................................................... 9
Steps to Changing your Name after a Divorce:............................................................................... 9
Special Notice for Convicted Felons ............................................................................................. 11
Advantages vs. Disadvantages of a Name Change ....................................................................... 11
Rules and Regulations in the United States regarding filing for a name change ......................... 11
[ATTACHMENT TO PETITION] ....................................................................................................... 12
INSTRUCTION ................................................................................................................................ 12
[ATTACHMENT TO PETITION] ....................................................................................................... 14
[CIVIL CASE COVER SHEET] ............................................................................................................ 16
INSTRUCTION ................................................................................................................................ 16
[CIVIL CASE COVER SHEET] ............................................................................................................ 18
[DECREE CHANGING NAME] ......................................................................................................... 23
INSTRUCTION ................................................................................................................................ 23
[DECREE CHANGING NAME] ......................................................................................................... 25
[DECREE CHANGING NAME GUARDIAN] ...................................................................................... 27
INSTRUCTION ................................................................................................................................ 27
[DECREE CHANGING NAME GUARDIAN] ...................................................................................... 29
[EX PARTE APPLICATION FOR RESTORATION OF FORMER NAME] ............................................... 31
INSTRUCTION ................................................................................................................................ 31
[EX PARTE APPLICATION FOR RESTORATION OF FORMER NAME] ............................................... 33
[ORDER TO SHOW CAUSE FOR CHANGE OF NAME] ..................................................................... 35
INSTRUCTION ................................................................................................................................ 35
[ORDER TO SHOW CAUSE FOR CHANGE OF NAME] ..................................................................... 37
[PROOF OF SERVICE OF ORDER TO SHOW CAUSE] ....................................................................... 39
INSTRUCTION ................................................................................................................................ 39
[PROOF OF SERVICE OF ORDER TO SHOW CAUSE] ....................................................................... 41




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                                           How to use this guide:

People file for a name change for many reasons, often at the end of a divorce. Name changes are
fairly common, and easy to accomplish. Changing your name is a legal act that is recognized in
practically all legal systems to allow a person to adopt a name other than a name given at birth,
marriage or adoption. The procedures that govern this process are dependent on which
jurisdiction you live in. This guide is intended to guide the user through a name change filing,
and answer many of the frequently asked questions that might arise. This guide is for
informational purposes only, and should be considered as a replacement for legal advice.



                        Do I need a lawyer for file for a name change?

No, you do not need a lawyer to actually file the name change paperwork. Questions could arise,
however, that could require the advice of a lawyer. Should you have any questions it is always
best to consult a lawyer.



                                How do I find a reputable law firm?

If you have decided to retain a lawyer, you will want to find a firm and lawyer with plenty of
experience and a great track record. Make sure that you find a lawyer that specializes in divorce.
The legal field is vast, and a lawyer needs to be specialized in a particular field. Some lawyers
may take any type of case just to keep the money coming in, but they are not necessarily well
versed in one particular subject.


Check your phone book, the internet, your local bar association or word of mouth to get the
names of a few good lawyers. Most will meet for you the first time for free. Use this time to
interview them. What is their experience, how much do they charge, and what can you expect to
get out of your divorce by hiring them?




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                                General Frequently Asked Questions

I took my husband’s name when we were married, now we are divorced and I want to
change my name. How do I go about doing this?


The easiest way to change your name after a divorce is the take care of the paperwork before the
divorce is final. In most states you can ask the Judge to make an order changing your name back
to your maiden name. If the divorce has already been finalized, check to see if you can file
additional paperwork that can accomplish your name change after the fact.




Regardless of the divorce filing, if you have paperwork that proves what your original name is,
you can resume using your former name without much trouble. Be sure that you change your
name on all your important documents (wills, trusts, driver’s license, and passport).


After my divorce is final, can I change the name of my children?


This will ultimately be up to the court whether you can change your child’s name. Traditionally
courts leaned towards the child keeping the name of their father. This is no longer the case. The
court will decide if it is in the child’s best interest. They will look at what role the father plays in
their lives, the strength of the child’s relationship with the mother, and whether the child will be
part of a new family in case one of the parents will re-marry. Be mindful that a name change
only serves to change the name itself; it does not change any of the rights and responsibilities of
either parent with regard to the child.


After divorce, does my name change automatically to what it was prior to marriage?


No. In order to accomplish a name change connected with a divorce the Judge must make a
formal order restoring your original name.




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Do I have to change my name after a divorce?


You are under no obligation to change your name after divorce. Many people prefer to change
their name however, to feel a sense of a fresh start, or restoring their original identity.


How do I make sure I can change my name after divorce?


You will need to request that the judge makes a formal order restoring your former name. You
can also use this order as legal proof when you need to change forms.


What if the decree does NOT have an order that restores my name?


You can still modify your divorce decree after the fact by getting a name change order. Call the
court clerk and request a modification.


What do I need to do to change my name?


In some states, the “usage method” is acceptable to change your name. Although it is permissible
under federal law to allow this, it is not followed in all the states. Otherwise, if there is not an
order in your divorce decree, you will need to modify it and obtain a name change order and
have it signed by a judge.


You will need to file name change forms with the DMV, the U.S. Postal Service, the U.S.
Passport Office, Social Security and the IRS. You should also notify all of your creditors.


Are there any restrictions on my name change?


Most people after divorce will change their name back to their name before marriage. If
however, you decide to change your name to something other than your prior name, bear in mind
there are a few restrictions on what name you choose:




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         a) Your new name cannot interfere with the rights of others. An example of this would
              be taking the name of a famous person, for instance.


         b) Your new name cannot be intentionally confusing.


         c) You cannot choose a name that is a racial slur.


         d) You cannot choose a name with fraudulent intent.


How will I know when I have gotten my name back?


Once you have notified all the agencies listed above, your name change for the most part, is
complete. Once you receive your new documents with your new name, the process is complete.


After my divorce is finalized, can I change my children’s last name to my maiden name?


Yes, your children’s name can be changed to your maiden name. Court used to rule that the
father had the right to have his children keep their last name. This has changed in recent years
however. Now the children’s names can be changed if the court finds that it is the best interests
of the child.


What should I do if I have a hard time getting my new name accepted?


If you changed your name without a court order, you may run into difficulty getting your new
name accepted. Be sure you have proper documentation that shows your old name and your new
name. If you are having an unusual amount of difficulties, be prepared to present the state law
that allows you to change your name. If the change continues to present a problem, you can get
a court order from a judge.




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Do I have to go to court to change my name after marriage or divorce?


If you are changing to your spouse’s name at the beginning of a marriage, or returning to your
old name because of divorce, just using the name should be sufficient. You will still need to
provide some type of proof for the name change at times, however, like a marriage or divorce
decree. If the name will be completely new to you, you will need to obtain a court order.


How do I implement my name change?


You can change your name by simply using it, as described above, or by court order. Either way
you will need to notify the appropriate businesses and agencies of your name change. All
entities that you do business with should be notified, such as the Department of Motor Vehicles,
the U.S. Post Office, the U.S. Patent Office, banks and creditors.


Can I change my name if my marriage is common law?


Most states allow a person to simply start using their new name, which is referred to changing
your name by “usage”.             However most governmental agencies will require name change
documentation, such as a court order.


Can I take my husband’s name three years after our wedding?


If you didn’t change your name when you were first married, you will need to use the court
process to change it.


Can my husband’s ex and I share the same last name without problems?


There should be no problem with two people sharing the same name. Many people share the
same name without consequence.                 The only potential problem would be if the “ex” held
themselves out to be still married to your spouse.




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After a change my name, will others be able to find out my old name?


It would be very difficult for others to find out if you have change your name, provided you have
changed all of your important documentation (driver’s license, birth certificate, passport, etc.).


Does a name change mean I have to update my living trust?


Yes, if you have not changed your name on the trust, it will be difficult for people to identify you
as the same person who created the trust. This could cause needless delay and confusion should
a situation arise with your trust.




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                                                     Eligibility

While anyone can change their name, it cannot be changed for fraudulent purposes, and the name
can’t be offensive.



                                          Filing Fees & Deadlines

There is a filing fee in most all jurisdictions for a name change. The amount varies greatly
between jurisdictions, but is usually between $200.-$400.


There are no real deadlines associated with a name change after a divorce, other than you make
your request known prior to your final dissolution of marriage. If it is included in your final
divorce decree, it will be free at this point, and cost money if you do it later. If you do decide to
do it later you will need to submit the appropriate paperwork to the court for a modification of
your final order, which can be done at any time after your divorce is final.



                        Steps to Changing your Name after a Divorce:

         a) The easiest and quickest way to change your name after a divorce it to include your
              request as part of your final divorce decree. This will avoid filing fees and extra
              paperwork later. Check with your lawyer if you have one, and make your request
              known. If you include it with your divorce decree it will be somewhat automatic.


         b) If this is not done immediately during the course of your divorce, contact your court
              clerk after the final decree and ask her for a modification of your final decree.
              Depending on your state, you will need an “Ex-Parte Application for Restoration to
              Former Name After Entry of Judgment and Order.” She will provide you with paper
              work that will need to be completed, and signed by the judge. In some jurisdictions
              this may include your appearing at a court date.




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         b) In some states it may be necessary to record your Order. Check with your local
              Recorder’s Office to determine if this is necessary. If it is deemed appropriate, there
              will be a small filing fee involved.


         c) Change your name on your diver’s license. Depending on what state you live in, you
              may need to bring additional documentation with you for proof of name change, such
              as your social security card so check before you go.


         b) Obtain certified copies of your Order so that you may present it as proof to other
              governmental agencies.


         c) Change your name with the Social Security Administration. Check their website for
              details on how to accomplish this.


         d) In some states, you will need to be sure that a Qualified Domestic Relations Order is
              done to prove that the name change has been accomplished.


         e) Make sure you change your name on all of your bank accounts.


         e) After a new divorce, it is a wise idea to open a new credit with your new name.


         f) Change over the name on all of your insurance policies.


         g) Make sure your will and trust if applicable, are updated with your new name.


         h) Check and see if you need to transfer the titles of any vehicles.


         i) Update your passport.




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                                 Special Notice for Convicted Felons

If you are felon under the jurisdiction of the Department of Corrections at the time that you file
for your name change, you must give written notice to the Department of Corrections five days
before any hearing on your name change. RCW 4.24.130(2). If you are a convicted sex offender
you must give notice the county sheriff to the state and county officers where you reside five
days prior to the hearing for you name change. You must provide a copy of the Order Changing
Name to the county sheriff and the state patrol within five days of obtaining the order. Failure to
comply with the above requirements will result in a Class C Felony.



                      Advantages vs. Disadvantages of a Name Change

Advantages


One definite advantage of changing your name after a divorce is you will probably need to
establish credit in your own name. If you open an account in your new name and begin to
establish credit in your own name, you will build your credit for the future and lessen the
potential of a negative impact of your spouse negatively impacting your credit down the line.


Disadvantages


There really aren’t many disadvantages to changing your name if you choose to do so. A
possible disadvantage to consider is if your name was tied to your professional business identity.
Changing your name could negatively impact your business in some circumstances.



Rules and Regulations in the United States regarding filing for a name change

State law regulates the requirements and procedures for name changes in the United States.
These laws would be found in the State Codes.




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                                 [ATTACHMENT TO PETITION]
                                               INSTRUCTION




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Name and Information about the Person Whose Name is to be
Changed:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

        This form must be filled out and filed at the time form NC-100, Petition for Change of
Name is filed at the superior court of the county where the person wishing to change their name
resides. Use a separate form for each person whose name is to be changed.

        To fill out this form, fill in the requested information on the form, including your current
name, and the proposed name of all persons hoping to change their name; your date and place of
birth, your sex, and your current address. In addition, you must fill out a reason for desiring a
name change, and information about any minor whose name is to be changed, if applicable.

Note: Be sure to read this form carefully. Bring the originals and two copies of this form and
each of the other forms that must be filed with this form.

Deadline:

         File this form at the time the original Petition for Change of Name is filed.




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                                 [ATTACHMENT TO PETITION]




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                                                                                                                                             NC-110
   PETITION OF (Name of petitioner or petitioners):                                                   CASE NUMBER:



                                                                            FOR CHANGE OF NAME
                                               NAME AND INFORMATION ABOUT THE PERSON
                                                    WHOSE NAME IS TO BE CHANGED                                         Attachment           of
                                                Attachment to Petition (form NC-100 or form NC-200)
 (You must use a separate attachment for each person whose name is to be changed. If petitioner is a guardian of a minor, a
 supplemental attachment, Declaration of Guardian (form NC-110G), must also be completed and attached for each minor whose
 name is to be changed.)
 6. (Continued) Petitioner applies for a decree to change the name of the following person:
    b.       Self         Other
       (1) Present name (specify):
       (2) Proposed name (specify):
       (3) Born on (date of birth):
            and presently         under 18 years of age           over 18 years of age
       (4) Born at (place of birth):
       (5) Sex (as stated on original birth certificate):     Male         Female
       (6) Current residence address (street, city, county, and zip code):


     c. Reason for name change (explain):


     d. Relationship of the petitioner to the person whose name will be changed:
        (1)       self                    (4)      near relative (indicate relationship):
        (2)       parent                  (5)      other (specify):
        (3)       guardian
     e. If the person whose name will be changed is under 18 years of age, provide the names and addresses, if known, of the following
        persons:
        (1) Father (name):                                        (address):
        (2) Mother (name):                                        (address):
        (3) (Only if neither parent is living) Near relatives (names, relationships, and addresses):


     f.    If the person whose name will be changed is 18 years of age or older, that person must sign the following declaration:
                                                                       DECLARATION
   I declare under penalty of perjury under the laws of the State of California that           I am not              I am        under the
   jurisdiction of the California Department of Corrections (in state prison or on parole) and                 I am not             I am
   required to register as a sex offender under Penal Code section 290.
   Date:


          (TYPE OR PRINT NAME OF PERSON WHOSE NAME IS TO BE CHANGED)                   (SIGNATURE OF PERSON WHOSE NAME IS TO BE CHANGED)

 (If petitioner is represented by an attorney, the attorney's signature follows):
 Date:


                             (TYPE OR PRINT NAME)                                                    (SIGNATURE OF ATTORNEY)

 (Each petitioner must sign this petition in the space provided below or, if additional pages are attached, at the end of the last
 attachment.) I declare under penalty of perjury under the laws of the State of California that the information in the foregoing petition is
 true and correct.
 Date:


                             (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PETITIONER)

 Date:


                             (TYPE OR PRINT NAME)                                                    (SIGNATURE OF PETITIONER)
          ADD ADDITIONAL SIGNATURE LINES FOR ADDITIONAL PETITIONERS                  SIGNATURE OF PETITIONERS FOLLOWS LAST ATTACHMENT

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                                   [CIVIL CASE COVER SHEET]
                                               INSTRUCTION




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Civil Case Cover Sheet:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

        This form is to be the cover sheet for your Petition for Change of Name; it will be used
by the court to compile statistics about the types and numbers of cases filed. This form must be
filled out and filed at the time form NC-100, Petition for Change of Name, and all accompanying
documents, are filed at the superior court of the county where the person wishing to change their
name resides.

       To fill out this form, fill in the requested information on the form, including your
personal information and some requested information about the case you hope to file. Fill out
the form to the best of your knowledge, the questions are simple and shouldn’t take more than a
few minutes.

Note: Be sure to read this form carefully. Bring the originals and two copies of this form and
each of the other forms that must be filed with this form.

Deadline:

         File this form at the time the original Petition for Change of Name is filed.




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                                   [CIVIL CASE COVER SHEET]




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                                                                                                                                                         CM-010
  ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):                                                      FOR COURT USE ONLY




          TELEPHONE NO.:                                       FAX NO.:
  A TTORNEY FOR (Name):
 SUPERIOR COURT OF CALIFORNIA, COUNTY OF
         STREET ADDRESS:
        MAILING ADDRESS:
        CITY AND ZIP CODE:

            BRANCH NAME:
   CASE NAME:

                                                                                                                 CASE NUMBER:
        CIVIL CASE COVER SHEET                                     Complex Case Designation
          Unlimited        Limited
          (Amount          (Amount                      Counter              Joinder
                                                                                          JUDGE:
          demanded         demanded is           Filed with first appearance by defendant
          exceeds $25,000) $25,000 or less)           (Cal. Rules of Court, rule 3.402)    DEPT:

                               Items 1–6 below must be completed (see instructions on page 2).
 1. Check one box below for the case type that best describes this case:
       Auto Tort                                           Contract                                       Provisionally Complex Civil Litigation
             Auto (22)                                            Breach of contract/warranty (06)        (Cal. Rules of Court, rules 3.400–3.403)
             Uninsured motorist (46)                              Rule 3.740 collections (09)                   Antitrust/Trade regulation (03)
      Other PI/PD/WD (Personal Injury/Property                    Other collections (09)                        Construction defect (10)
      Damage/Wrongful Death) Tort                                 Insurance coverage (18)                       Mass tort (40)
            Asbestos (04)                                        Other contract (37)                            Securities litigation (28)
             Product liability (24)                        Real Property                                        Environmental/Toxic tort (30)
             Medical malpractice (45)                            Eminent domain/Inverse                         Insurance coverage claims arising from the
            Other PI/PD/WD (23)                                  condemnation (14)                              above listed provisionally complex case
                                                                 Wrongful eviction (33)                         types (41)
       Non-PI/PD/WD (Other) Tort
             Business tort/unfair business practice (07)      Other real property (26)                    Enforcement of Judgment
             Civil rights (08)                           Unlawful Detainer                                      Enforcement of judgment (20)
             Defamation (13)                                  Commercial (31)                             Miscellaneous Civil Complaint
             Fraud (16)                                       Residential (32)                                  RICO (27)
             Intellectual property (19)                       Drugs (38)                                        Other complaint (not specified above) (42)
             Professional negligence (25)                  Judicial Review                                Miscellaneous Civil Petition
            Other non-PI/PD/WD tort (35)                           Asset forfeiture (05)                        Partnership and corporate governance (21)
       Employment                                                  Petition re: arbitration award (11)          Other petition (not specified above) (43) Writ
            Wrongful termination (36)                              of mandate (02)
             Other employment (15)                                 Other judicial review (39)
 2. This case         is           is not  complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
    factors requiring exceptional judicial management:
    a.       Large number of separately represented parties       d.      Large number of witnesses
    b.       Extensive motion practice raising difficult or novel e.      Coordination with related actions pending in one or more courts
             issues that will be time-consuming to resolve                in other counties, states, or countries, or in a federal court
    c.       Substantial amount of documentary evidence           f.      Substantial postjudgment judicial supervision
 3.    Remedies sought (check all that apply): a.           monetaryb.           nonmonetary; declaratory or injunctive reliefc.                             punitive
 4.    Number of causes of action (specify):
 5.    This case         is        is not a class action suit.
 6.    If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
  Date:

                             (TYPE OR PRINT NAME)                                                        (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
                                                                              NOTICE
   • Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
       under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
       in sanctions.
   •   File this cover sheet in addition to any cover sheet required by local court rule.
   •   If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
       other parties to the action or proceeding.
   •
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       Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
                                                                                                                                                     Page 1 of 2
  Form Adopted for Mandatory Use                                                                      Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
  Judicial Council of California CM-
                                                     CIVIL CASE COVER SHEET                                   Cal. Standards of Judicial Administration, std. 3.10
       010 [Rev. July 1, 2007]                                                                                                              www.courtinfo.ca.gov
                                                                                                                                      American LegalNet, Inc.
                                                                                                                                      www.FormsWorkflow.com




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                                                                                                                                       CM-010
                                      INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
 complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
 statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
 one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
 check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
 To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
 sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
 its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
 To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
 owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
 which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
 damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
 attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
 time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
 case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
 To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
 case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
 completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
 complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
 plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
 the case is complex.
                                                          CASE TYPES AND EXAMPLES
 Auto Tort                                       Contract                                           Provisionally Complex Civil Litigation (Cal.
      Auto (22)–Personal Injury/Property             Breach of Contract/Warranty (06)               Rules of Court Rules 3.400–3.403)
           Damage/Wrongful Death                         Breach of Rental/Lease                          Antitrust/Trade Regulation (03)
      Uninsured Motorist (46) (if the                         Contract (not unlawful detainer            Construction Defect (10)
           case involves an uninsured                             or wrongful eviction)                  Claims Involving Mass Tort (40)
           motorist claim subject to                     Contract/Warranty Breach–Seller                 Securities Litigation (28)
           arbitration, check this item                       Plaintiff (not fraud or negligence)        Environmental/Toxic Tort (30)
           instead of Auto)                              Negligent Breach of Contract/                   Insurance Coverage Claims
 Other PI/PD/WD (Personal Injury/                             Warranty                                       (arising from provisionally complex
 Property Damage/Wrongful Death)                         Other Breach of Contract/Warranty                   case type listed above) (41)
 Tort                                                Collections (e.g., money owed, open              Enforcement of Judgment
      Asbestos (04)                                      book accounts) (09)                             Enforcement of Judgment (20)
           Asbestos Property Damage                      Collection Case–Seller Plaintiff                    Abstract of Judgment (Out of
           Asbestos Personal Injury/                     Other Promissory Note/Collections                         County)
                 Wrongful Death                               Case                                           Confession of Judgment (non-
      Product Liability (not asbestos or             Insurance Coverage (not provisionally                         domestic relations)
                                                         complex) (18)                                       Sister State Judgment
           toxic/environmental) (24)
      Medical Malpractice (45)                           Auto Subrogation                                    Administrative Agency Award
           Medical Malpractice–                          Other Coverage                                          (not unpaid taxes)
                 Physicians & Surgeons               Other Contract (37)                                     Petition/Certification of Entry of
           Other Professional Health Care                Contractual Fraud                                       Judgment on Unpaid Taxes
                 Malpractice                             Other Contract Dispute                              Other Enforcement of Judgment
                                                 Real Property                                                     Case
      Other PI/PD/WD (23)
           Premises Liability (e.g., slip            Eminent Domain/Inverse                           Miscellaneous Civil Complaint
                 and fall)                               Condemnation (14)                               RICO (27)
           Intentional Bodily Injury/PD/WD           Wrongful Eviction (33)                              Other Complaint (not specified
                                                                                                             above) (42)
                 (e.g., assault, vandalism)          Other Real Property (e.g., quiet title) (26)
           Intentional Infliction of                                                                         Declaratory Relief Only
                                                         Writ of Possession of Real Property
                                                                                                             Injunctive Relief Only (non-
                 Emotional Distress                      Mortgage Foreclosure
                                                                                                                   harassment)
           Negligent Infliction of                       Quiet Title
                 Emotional Distress                                                                          Mechanics Lien
                                                         Other Real Property (not eminent
           Other PI/PD/WD                                                                                    Other Commercial Complaint
                                                         domain, landlord/tenant, or
                                                                                                                   Case (non-tort/non-complex)
 Non-PI/PD/WD (Other) Tort                               foreclosure)
                                                 Unlawful Detainer                                           Other Civil Complaint
      Business Tort/Unfair Business                                                                               (non-tort/non-complex)
         Practice (07)                               Commercial (31)
                                                                                                      Miscellaneous Civil Petition
      Civil Rights (e.g., discrimination,            Residential (32)                                    Partnership and Corporate
          false arrest) (not civil                   Drugs (38) (if the case involves illegal                 Governance (21)
          harassment) (08)                               drugs, check this item; otherwise,              Other Petition (not specified
      Defamation (e.g., slander, libel)                  report as Commercial or Residential)                above) (43)
            (13)                                 Judicial Review                                             Civil Harassment
      Fraud (16)                                     Asset Forfeiture (05)                                   Workplace Violence
      Intellectual Property (19)                    Petition Re: Arbitration Award (11)                      Elder/Dependent Adult
      Professional Negligence (25)                  Writ of Mandate (02)                                           Abuse
          Legal Malpractice                              Writ–Administrative Mandamus                        Election Contest
          Other Professional Malpractice                 Writ–Mandamus on Limited Court                      Petition for Name Change
               (not medical or legal)                        Case Matter                                     Petition for Relief From Late
       Other Non-PI/PD/WD Tort (35)                      Writ–Other Limited Court Case                             Claim
 Employment                                                  Review                                          Other Civil Petition
      Wrongful Termination (36)                      Other Judicial Review (39)
      Other Employment (15)                              Review of Health Officer Order
                                                         Notice of Appeal–Labor

© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                      21
                                                            Commissioner Appeals




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not            22
                                   [DECREE CHANGING NAME]
                                               INSTRUCTION




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   23
Decree Changing Name:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

       This form is a decree, most of which will be filled out by the court to attest that your
name has been changed. This form must be filled out and filed at the time form NC-100, Petition
for Change of Name, and all accompanying documents, are filed at the superior court of the
county where the person wishing to change their name resides.

         To fill out this form, fill in the requested information on the form, including your
personal information and some requested information about the case you hope to file. If you are
filling this form out for your minor child, fill in the appropriate information for that child Fill
out Only the top portion, the court will fill out the portions labeled “The Court Finds” and “The
Court Orders.”

Note: Be sure to read this form carefully. Bring the originals and two copies of this form and
each of the other forms that must be filed with this form.

Deadline:

         File this form at the time the original Petition for Change of Name is filed.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  24
                                   [DECREE CHANGING NAME]




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   25
                                                                                                                                                 NC-130
    PETITIONER OR ATTORNEY (Name, State Bar number, and address):                                                           FOR COURT USE ONLY




             TELEPHONE NO.                                 FAX NO. (Optional):

  E-MAIL ADDRESS (Optional):

     ATTORNEY FOR (Name):

    SUPERIOR COURT OF CALIFORNIA, COUNTY OF
            STREET ADDRESS

           MAILING ADDRESS:

           CITY AND ZIP CODE:

              BRANCH NAME:

    PETITION OF (Name of each petitioner):

                                                                                   FOR CHANGE OF NAME
                                                                                                                CASE NUMBER:
                                       DECREE CHANGING NAME

 1. The petition was duly considered:
    a.          at the hearing on (date):                                                 in Courtroom:           of the above-entitled court.
     b.         without hearing.

 THE COURT FINDS
 2. a. All notices required by law have been given.
    b. Each person whose name is to be changed identified in item 3 below
       (1)       is not           is under the jurisdiction of the Department of Corrections, and
       (2)       is not           is required to register as a sex offender under section 290 of the Penal Code.
        These determinations were made                    by using CLETS/CJIS           based on information provided to the clerk of the
        court by a local law enforcement agency.
    c.        No objections to the proposed change of name were made.
    d.       Objections to the proposed change of name were made by (name):

     e. it appears to the satisfaction of the court that all the allegations in the petition are true and sufficient and that the petition should
        be granted.
     f.            Other findings (if any):




 THE COURT ORDERS
 3. The name of
                                     Present name                                                                         New name

      a.                                                                         is changed to

      b.                                                                         is changed to
      c.                                                                         is changed to

      d.                                                                         is changed to
      e.                                                                         is changed to

               Additional name changes are listed on Attachment 3.


 Date:
                                                                                                            JUDGE OF THE SUPERIOR COURT
                                                                                            SIGNATURE OF JUDGE FOLLOWS LAST ATTACHMENT




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                26
                        [DECREE CHANGING NAME GUARDIAN]
                                               INSTRUCTION




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   27
Decree Changing Name:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

       This form is a decree, most of which will be filled out by the court to attest that a minor’s
name has been changed. This form must be filled out and filed at the time form NC-100, Petition
for Change of Name, and all accompanying documents, are filed at the superior court of the
county where the person wishing to change their name resides.

         To fill out this form, fill in the requested information on the form, including your
personal information and some requested information about the case you hope to file. Take care
to fill out this form for a minor child, as this is specifically a form to be filled out for a minor by
a guardian. Fill out Only the top portion, the court will fill out the portions labeled “The Court
Finds” and “The Court Orders.”

Note: Be sure to read this form carefully. Bring the originals and two copies of this form and
each of the other forms that must be filed with this form.

Deadline:

         File this form at the time the original Petition for Change of Name is filed.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                    28
                        [DECREE CHANGING NAME GUARDIAN]




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   29
                                                                                                                                          NC-130G
   PETITIONER OR ATTORNEY (Name, State Bar number, and address):                                                     FOR COURT USE ONLY




           TELEPHONE NO.:                                 FAX NO. (Optional):

  E-MAIL ADDRESS (Optional):
     ATTORNEY FOR (Name):
   SUPERIOR COURT OF CALIFORNIA, COUNTY OF
          STREET ADDRESS:
         MAILING ADDRESS:
         CITY AND ZIP CODE:

             BRANCH NAME:

   PETITION OF (Name of each petitioner):

                                                                                FOR CHANGE OF NAME
                                                                                                         CASE NUMBER:
                  DECREE CHANGING NAME OF MINOR (BY GUARDIAN)


 1. The petition was duly considered:
    a.          at the hearing on (date):                                            in Courtroom:         of the above-entitled court.
     b.         without hearing.
 THE COURT FINDS
 2. a. All notices required by law have been given.
    b. The person whose name is to be changed (specify present name):
       is a minor.
    c. The petition for change of name was filed on behalf of the minor by the minor's guardian (name):

    d. The minor whose name is to be changed is likely to remain in the guardian's care until the age of majority.
    e. The minor whose name is to be changed is not likely to be returned to the custody of his or her parents.
    f. The minor whose name is to be changed
        (1)       is not          is under the jurisdiction of the Department of Corrections, and
        (2)       is not          is required to register as a sex offender under section 290 of the Penal Code.
       These determinations were made                by using CLETS/CJIS            based on information provided to the clerk of the
       court by a local law enforcement agency.
    g.        No objections to the proposed change of name were made.
    h.        Objections to the proposed change of name were made by (name):

    i. It appears to the satisfaction of the court that all the allegations in the petition are true and sufficient, that the proposed name
       change is in the best interest of the minor, and that the petition should be granted.
    j.       Other findings (if any):




 THE COURT ORDERS
 3. The name of (present name):
    is changed to (new name):

 Date:
                                                                                                      JUDGE OF THE SUPERIOR COURT
                                                                                        SIGNATURE OF JUDGE FOLLOWS LAST ATTACHMENT




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                         30
 [EX PARTE APPLICATION FOR RESTORATION OF FORMER NAME]
                                               INSTRUCTION




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   31
Ex Parte Application for Restoration of Former Name After Entry
of Judgment and Order:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

       This form should be filed if you wish to return to your former name, after a divorce has
already been finalized. This form must be filed in the superior court of the county where the
person whose name is to be changed resides.

       To fill out this form, fill in the requested information on the form, including your current
name and personal information; the parties to the former marriage; the date of dissolution of that
marriage; and the former name that you desire to change back to. Do not fill out the bottom
portion of the form, beginning at the portion called “ORDER”, the court will fill out these
sections.

Deadline:

         This     form     can     only     be    filed     after    an   a   divorce   has   been    finalized.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                              32
 [EX PARTE APPLICATION FOR RESTORATION OF FORMER NAME]




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   33
                                            COURT
                COUNTY . .. . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                                                         FL-395
            ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):TELEPHONE NO.::                                                                           FOR COURT USE ONLY
                                                                                                             Index No.
                                                                                                                            :        Calendar No.

                                                                                                                            :
           ATTORNEY FOR (Name):                                                            Plaintiff(s)                              JUDICIAL SUBPOENA
            SUPERIOR COURT OF CALIFORNIA, COUNTY OF
                                                                                                                            :
               STREET ADDRESS:    -against-
              MAILING ADDRESS:

              CITY AND ZIP CODE:
                                                                                                                            :
                     BRANCH NAME:
                                                                                                                            :
            MARRIAGE OF
                                                     Defendant(s)
                                                              :PETITIONER:......................................................
                RESPONDENT:

                      EX PARTE APPLICATION FOR RESTORATION OF FORMER NAME                                                                    CASE NUMBER:

                     THE PEOPLE AFTER ENTRY OF OF NEW YORKORDEROF THE STATE
                     JUDGMENT AND

                     TO
                                                                                                APPLICATION

            1. A judgment of dissolution or nullity was entered on (date):
                     GREETINGS:
            2. Applicant now requests that his or her former name be restored. The applicant's former name is (specify):
                     WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
                                                                                            ,the Honorableat theCourt
                                     located atCounty of
          Date: in room, on theday of, 20, ato'clock in thenoon, and at any recessed
              or adjourned date, to testify and give evidence as a witness in this action on the part of the

                                              (TYPE OR PRINT NAME)                                                                         (SIGNATURE OF APPLICANT)
                                                                                                                                             (USE CURRENT NAME)



                           Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
                     the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
                                                                     ORDER
                     result of your failure to comply.

                        Witness, Honorable                                                                                               , one of the Justices of the
                                 County,day restored to (specify):, 203. IT Court inIS ORDERED that
            applicant's former name isof



                                                                                                                        (Attorney must sign above and type name below)
          Date:
                                                                                                                                             JUDICIAL OFFICER




                                                                                                                        Attorney(s) for
            [SEAL]
                                                                                                                 CLERK'S CERTIFICATE

                                                               I certify that the foregoing is a true and correct copy of the original on file in my office.
                                                                                                                        Office and P.O. Address



                                                                                     Telephone No.:
                                                           Date:                                                 Clerk, by                                                              , Deputy
                                                                                     Facsimile No.:
                                                                                     E-Mail Address:                                                                                       Page 1 of 1

                                                          EX PARTE APPLICATION FOR RESTORATION OF Tel. No.: NAMEMobile                                                           Family Code, § 2080
         Judicial Council of Docstoc Inc. registered document proprietary, copy not
© Copyright 2010CaliforniaUse
        Form Adopted for Mandatory
                                             FORMER                                                                                             34                               www.courtinfo.ca.gov
             FL-395 [Rev. January 1, 2003]                                AFTER ENTRY OF JUDGMENT AND ORDER
                                                                              (Family Law)                                                                               American LegalNet, Inc.
                                                                                                                                                                         www.USCourtForms.com
               [ORDER TO SHOW CAUSE FOR CHANGE OF NAME]
                                               INSTRUCTION




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   35
Order to Show Cause for Change of Name:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

        This form is used by the court to require that all people interested in the matter of your
change of name appear before the court for a hearing to show cause. This form must be filled
out and filed at the time form NC-100, Petition for Change of Name is filed at the superior court
of the county where the person wishing to change their name resides.

        To fill out this form, fill in the requested information on the form. Fill in your personal
information, including your current name, and the proposed name of all persons hoping to
change their name. In addition, you must, with the help of the clerk, set a date for the hearing.
Also, you must publish a copy of the order in a newspaper that the court approves, once a week
for four weeks prior to the hearing. You will be asked to specify a newspaper when you file this
form.

Note: Be sure to read this form carefully. Bring the originals and two copies of this form and
each of the other forms that must be filed with this form.

Deadline:

         File this form at the time the original Petition for Change of Name is filed.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                  36
               [ORDER TO SHOW CAUSE FOR CHANGE OF NAME]




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   37
                                                                                                                                                   NC-120
    PETITIONER OR ATTORNEY (Name, State Bar number, and address):                                                            FOR COURT USE ONLY




            TELEPHONE NO.:                                  FAX NO. (Optional):
   E-MAIL ADDRESS (Optional):
      ATTORNEY FOR (Name):

    SUPERIOR COURT OF CALIFORNIA, COUNTY OF
           STREET ADDRESS:

           MAILING ADDRESS:

          CITY AND ZIP CODE:

              BRANCH NAME:

    PETITION OF (Name of each petitioner):

                                                                                  FOR CHANGE OF NAME
                                                                                                                 CASE NUMBER:
                     ORDER TO SHOW CAUSE FOR CHANGE OF NAME

 TO ALL INTERESTED PERSONS:
 1. Petitioner (name):                                                                                          filed a petition with this court
     for a decree changing names as follows:
                              Present name                                                                          Proposed name
     a.                                                                             to
     b.                                                                             to
     c.                                                                             to
     d.                                                                             to
     e.                                                                             to
               Continued on Attachment 1.
 2. THE COURT ORDERS that all persons interested in this matter appear before this court at the hearing indicated below to show
    cause, if any, why the petition for change of name should not be granted. Any person objecting to the name changes described
    above must file a written objection that includes the reasons for the objection at least two court days before the matter is
    scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written
    objection is timely filed, the court may grant the petition without a hearing.

                                                                        NOTICE OF HEARING

     a. Date:                                                   Time:                              Dept.:                           Room:

     b. The address of the court is                    same as noted above               other (specify):



  3. a.          A copy of this Order to Show Cause shall be published at least once each week for four successive weeks prior to the date
                 set for hearing on the petition in the following newspaper of general circulation, printed in this county (specify newspaper):

     b.          Other (specify):


 Date:
                                                                                                            JUDGE OF THE SUPERIOR COURT

      NOTE: When a Petition for Change of Name has been filed for a child and the other parent, if living, does not join in
      consenting to the name change, the petitioner must have a notice of the time and place of the hearing or a copy of the
      Order to Show Cause served on the other parent not less than 30 days prior to the hearing under Code of Civil
      Procedure section 413.10, 414.10, 415.10, or 415.40. If a petition to change the name of a child has been filed by a
      guardian, the guardian must (1) provide notice of the hearing to any living parent of the child by personal service at
      least 30 days before the hearing, or (2) if either or both parents are deceased or cannot be located, serve notice of the
      hearing on the child's grandparents, if living, not less than 30 days before the hearing under Code of Civil Procedure
      section 413.10, 414.10, 415.10, or 415.40. (This Note is included for the information of the petitioner and shall not be
      included in the Order to Show Cause published in the newspaper.)


© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                                 38
               [PROOF OF SERVICE OF ORDER TO SHOW CAUSE]
                                               INSTRUCTION




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   39
Proof of Service of Order to Show Cause:
Divorce Forms:

        Divorce proceedings are conducted to legally terminate a marriage and cancel the legal
duties and responsibilities associated with marriage. A finalized divorce aids in simplifying
issues involving spousal support, child support, distribution of property, division of debt, or re-
marriage. When filling out each form be sure to consult a legal expert with questions or conflicts
and check with your local court for additional requirements or specifics forms.

Overview:

        Use this form if only one parent desires the name change. This form is an affidavit that
notice has been delivered to all interested parties in the matter of the name change of your child.
Only use this form if you are the parent or guardian of a child, seeking to change the name of the
child, and you are the only parent seeking the change of name. File this form after you file the
form NC-100, Petition for Change of Name at the superior court of the county where the person
wishing to change their name resides. Use a separate form for each person whose name is to be
changed.

         To fill out this form, simply fill in the requested information on the form. Fill in the
personal information of the deliverer. Fill in the appropriate blank for delivery method, and have
the deliverer sign the declaration at the end of the form. Read the document carefully to ensure
that all information relating to a minor is filled out correctly.

       Note: Be sure that the person who mails or otherwise serves notice is at least 18 years of
age, and not a party to the name change proceedings.

Deadline:

       File this form after you file the Petition for Change of Name, but at least 6 weeks prior to
the hearing to show cause.




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                40
               [PROOF OF SERVICE OF ORDER TO SHOW CAUSE]




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   41
                                                                                                                                       NC-121
   PETITIONER OR ATTORNEY (Name, state bar number, and address):                                                  FOR COURT USE ONLY




            TELEPHONE NO.:                                FAX NO. (Optional):
  E-MAIL ADDRESS (Optional):

     ATTORNEY FOR (Name):

   SUPERIOR COURT OF CALIFORNIA, COUNTY OF
           STREET ADDRESS:

          MAILING ADDRESS:

          CITY AND ZIP CODE:
              BRANCH NAME:

   PETITION OF (Names of each petitioner):

                                                                                FOR CHANGE OF NAME
                                                                                                      CASE NUMBER:
   PROOF OF SERVICE OF ORDER TO SHOW CAUSE
   BY      PERSONAL DELIVERY     MAILING (OUTSIDE CALIFORNIA ONLY)


 1. At the time of mailing or personal delivery, I was at least 18 years of age and not a party to this proceeding.

 2. My residence or business address is (specify):




 3. I personally delivered or mailed a copy of the Order to Show Cause for Change of Name as follows (complete either a or b):
    a.       Personal delivery. I personally delivered a copy to the person served as follows:
             (1) Name of person served:
             (2) Address where delivered:



                 (3) Date delivered:
                 (4) Time delivered:

     b.          Mail. I am a resident of or employed in the county where the mailing occurred.
                 (1) I enclosed a copy in an envelope and mailed the sealed envelope to the person served by first-class mail, postage
                      prepaid, return receipt requested, to the address outside of California listed below.
                 (2) The envelope was addressed and mailed as follows:
                     (a) Name of person served:
                     (b) Address on envelope:



                     (c) Date of mailing:
                     (d) Place of mailing (city and state):


 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

 Date:




                      (TYPE OR PRINT NAME OF DECLARANT)                                              (SIGNATURE OF DECLARANT)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not                                        42
 Form Adopted for Mandatory Use
   Judicial Council of California
                                                        PROOF OF SERVICE OF          Code of Civil Procedure, § 1277

  NC-121 [New January 1, 2001]                         ORDER TO SHOW CAUSE
                                                             (Change of Name)




© Copyright 2010 Docstoc Inc. registered document proprietary, copy not         43
© Copyright 2010 Docstoc Inc. registered document proprietary, copy not   44

				
DOCUMENT INFO
Description: This is a step by step guide that explains the procedure for a person to legally changing his or her name. This guide explains whether a lawyer is needed, how to find a reputable law firm, eligibility, filing fees and deadlines, advantages and disadvantages of a name change, and steps to changing a name after a divorce. Additionally, this guide includes all of the forms and documentation required for the name change. This document should be used by individuals who want to learn more information about pursing a legal name change.
This document is also part of a package Divorce Starter Kit 11 Documents Included