Changing my entire name

I started considering a name change a few years ago when Montana was faced with the last few delays to implementation of the REAL-ID act. As a woman, I face the possibility of future conservative laws to remove my ability to vote due to the name on my birth certificate NOT matching my photo ID and social security card. This change of name would finally cause all my legal documents read the same. Since I would need to change my name through the court system I wanted a name I preferred. After consideration, I made my name choices and petitioned the court in May 2024.

My name change was approved a few months later and I sent my court order to the state department of vital statistics office to have an amended birth certificate issued to me. Months later, caused by a backlog of work due to the now-mandatory REAL-ID implementation, I received a reply from the state office stating they were unable to change my birth certificate because my court order also contained my surname from my first marriage, a name I used legally for nearly 40 years. A name I legally needed to change. After consultation with Legal Aid, I learned I needed another court order with only my birth name. I was given guidance and took up the task of writing my motion.

My most recent work has been in healthcare. I have done charting but haven’t written a legal motion or affidavit. It took my brain four months and multiple attempts to write up a motion, affidavit, and order to the court. I think this task would have taken 30 minutes if an attorney had assisted me. I called and emailed 6 different legal firms and received either no reply or “We are unable to assist.” It feels to me lawyers only care if you can provide enough billable hours to buy them a new kitchen or something. Yes, I am really upset about lawyers gatekeeping the law, unwilling to help those who are stuck in the weeds. I need to say a hearty “Fuck You” to lawyers who “are unable to assist” because we know it’s that you are UNWILLING, and not unable. Huge difference.

I submitted my motion and affidavit on a Tuesday and received my signed court order the following day, a Wednesday. I have to say the Judge was so kind. The folks at the Cascade County court and the Cascade County Legal Assistance office were efficient and kind, as were those at the Montana Department of Vital Records. I wish I could say that about everyone else I encountered in this journey.

I submitted the certified court order to my state department for correction of the birth record. Two weeks and a few days later I hold my new birth certificate in my hand with my new name on it. I am glad that part of my task is finished. Now to get my REAL-ID and passport before those are compromised by current affairs.

If you are planning a name change in Montana and have a Montana birth certificate, be sure you state the name as it appears on your birth record in your order. I am fortunate I live in the state where I was born. I cannot imagine what women must do when they were born in a state different to the one where they have their name changed.