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LawTalk, Attorney
Category: Legal
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Experience: I am a practicing attorney with more than 27 years of experience in the legal field.
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I need a passport for pleasure traveling I found out that my

Resolved Question:

I need a passport for pleasure traveling I found out that my name is XXXXX XXXXX one on my birth certicate. I have had my last name for my entire life my school records,
marrage, driver licsense social security card but my birth certificate has a different last name. I was never adopted but was brought up with his sir name. What do I do?

Submitted: 12 months ago.
Category: Legal
Expert:  LawTalk replied 12 months ago.

Good afternoon,

I'm sorry to hear of the situation.

After Nine-Eleven, the US has really tightened up on identification as have most states, and recently, having a birth certificate with a different name on it---or even a different spelling has created havoc in peoples lives. unfortunately, things are not going to change and these discrepancies must be corrected.

In instances such as yours where you have been using the same name all your life, the only thing that you can do is to petition the court for a name change. I realize that it seem ridiculous and even absurd---but that is the only present remedy.

The process will take several months and when the court approves your name change, you will have a court order that will cure all these problems---with a passport, drivers' license etc.

You can expedite the process by retaining a local attorney to handle the paperwork and newspaper publications for you, or you can do it yourself if you have time and don't mind the legwork.

Virtually every county has a law library. You will be able to find the information you need to prepare your pleadings there. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation (Petition for Name Change). While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug

Customer: replied 12 months ago.

what kind of an attorney handles this situation


 

Expert:  LawTalk replied 12 months ago.

Good evening,

Family law attorneys often handle simple name changes---both as separate actions, and as part of divorces as well. That would be the type of attorney to seek out, for fast service.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

DougLawTalk41098.9894789005

LawTalk, Attorney
Category: Legal
Positive Feedback: 98.3 %
Satisfied Customers: 24339
Experience: I am a practicing attorney with more than 27 years of experience in the legal field.
LawTalk and 18 other Legal Specialists are ready to help you

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