Question about changing name on drivers license

What is the name of your state? NM

i have an odd problem.

some time back i married and changed my name on my drivers license. shortly afterwards, as it didnt look like it was going to work out, i decided to not submit a name change on anything else, as i figured id save the paperwork and hassle. i decided to wait and see if we would stay together.

we did stay together (more or less) but i wanted to change my name back on my drivers license.

my first visit to DMV i had all sorts of paperwork that showed i was operating still under my old name and said i wanted to change my drivers license. paycheck stubs, bills, passport and tax papers we produced with my name on it. i didnt have a copy of my SS card so they told me to get one and come back.

it didnt seem a problem, so i eventually got a copy and went back. my second visit they told me i needed either a divorce certificate or a court order to change my name, even tho i showed them that i had never changed anything except for the NM drivers license.

they didnt want to hear of anything else and now are pissed at me.

im not ready for or wanting a divorce and i dont see how applying for a legal name change in court is the solution as im not changing anything but the drivers license. a lawyer wants $1000 to help with the paperwork which would take me about 6 months to raise. i tried some research on the net and only found name change kits for a few hundred dollars that i would take into court.

im really stumped on what to do. they wont talk to me unless i bring in the documents they want to see to change my name on the license, and ive talked to about everyone in that office.

wont i piss off a judge if i bring in all my stuff to show im still me and not really wanting a legal name change but just wanting a drivers license?

my license expires in jan 05 and have to do something before that.

i know i live in a very small town and im not up to date on how things operate but this just seems real bizarre to me.


any suggestions would be greatly appreciated.

[cmorris]

If I am wrong, I hope someone corrects me...You should be able to do a name change. It cost me about $100. I just went to court, told the judge why I wanted to change my name, and it was ordered. No attorney. No $1000+. Easy!

thanks, cmorris. i will go look int that. appreciate the answer.

[OG_of_Crime_Law]

These guys sound like they're giving you a hard time because they CAN.

Here's where they got ya: NEW MEXICO STATE STATUTE 66-5-22. Notice of change of address or name: "In the event of a change of name, the license must be delivered by the licensee to the division and the change of name be accomplished on the license itself. The division may require such evidence as it DEEMS SATISFACTORY regarding the change of name."
In other words, they don't have to ask for a court order but they MAY if they want to (ahem, DEEM IT NECESSARY TO DO SO). And so they are. They could ask for a birth certificate, social security card too. But for some reason they're insisting on the court order with you. And according to this statute they're well within their right to do so. You gotta love the law, don't you?

Is there another DMV office you can go to in town? Maybe one in the county as opposed to the city? Different DMV offices have different people. Different 'tudes.

1. Normally, all you would need would is 1-3 documents, depending on how much of a hassle they wanna give you. Any of these should be enough to get that name change: birth certificate, social security card, passport, military discharge form DD 214, divorce paperwork or a court order or a name change document that contains the legal name both before and after the name change.

HERE'S AN OPTION, HOWEVER:
2. In all but a handful of states, you can legally change your name by USAGE only. A name change by usage is accomplished by simply using a new name in all aspects of your personal, social and business life. NO COURT ACTION IS NECESSARY. It costs nothing and is legally valid. (Minors and prison inmates are generally exceptions to this rule.) I don't think the PATRIOT ACT has null and voided this lil, old COMMON LAW allowance.

3. The court order is not MANDATORY, it's PREFERABLE according to the above statute. I'd still call down to the local court clerk to get their opinion for changing your name on the DL. If so, you may just have to petition the court for the name change after all.

LAST BUT NOT LEAST:
4. You can always go across state lines and change your name. Simply go there, surrender your license. Show them your documents with original name so that the license they issue you will be in the name you want. Come back to New Mexico. Surrender that new license with original name and get another NM DL with same name. This is all provided they aren't like New Mexico and INSIST on ONE particular document. Check around first.

Good luck!

"They say Lady Justice is blind but I do believe the old girl is peeking."

[carofl93]

Karen...if you're in Albuquerque, try running down to Los Lunas...they are much nicer and mellower about everything there. I don't know if it's the small town influence, but when I lived in ABQ I did all of my DMV business there