This memorandum is in response to your request for an opinion concerning the use of
Rhode Island civil union documents as proof of a name change. See 2011 R.I. Pub. Laws 11-198 (enacting the Rhode Island civil union statute, R.I. GEN.
LAWS § 15-3.1 (2011), effective July 1, 2011). Specifically, you requested an opinion
as to whether Rhode Island state law allows an individual to change his/her legal
name after entering into a civil union in Rhode Island, and if so, whether there are
any restrictions on such name changes and whether the individual must take any additional
action to change his/her name to conform with Rhode Island state law after entering
into a civil union. You also requested an opinion as to the procedures for dissolution
of a Rhode Island civil union and the type of document(s) that would allow the Agency
to change a name back to a former name in the event of the dissolution of a civil
union. As set forth below, an individual may change his or her name for any reason
in Rhode Island. A Rhode Island civil union certificate may be used in the same manner
as a Rhode Island marriage certificate as proof of a name change in Rhode Island.
No action is necessary to effectuate a name change other than usage, and the only
restriction on a name change is that the name change cannot be made for a fraudulent
purpose. A civil union is dissolved in the same manner as a marriage, and a civil
union dissolution decree may also be used as proof of a name change.
Analysis
Rhode Island follows the common law with respect to name changes, under which a person
may lawfully change his or her name without resort to any legal proceedings where
such a change is not made for a fraudulent purpose. Traugott v. Petit, 404 A.2d 77, 78-79 (1979). While the state has a statute concerning name change
in divorce (R.I. Gen. Laws § 15-5-17), the statute is simply an option that aids the
common law and avoids unnecessary, duplicative court proceedings, and does not require
divorced people who wish to change their names to request that the divorce decree
encompass the name changes; to do so would impose upon them an undue burden on their
common law right to nonfraudulently change their names. T~, 404 A.2d at 78-79. Therefore, under Rhode Island law, an individual may change his
or her name for any reason (so long as such a change is not made for a fraudulent
purpose), including based on entering into a Rhode Island civil union or the dissolution
of a Rhode Island civil union.
Under common law, a name change is effectuated simply by use of the new name. 57 Am.
Jur. 2d Name § 16 (2011); Corpus Juris Secundum, vol. 65, § 21 (2000). Thus, any document showing use of the new name could conceivably
serve as an indication that a name change has occurred. See, e.g., R.I. Code R. § 44-1-3:V (notification of name change “in writing” for Rhode Island
Board of Landscape Architects); R.I. Code R. § 11-4-10:8 (notification of name change
“in writing” for Rhode Island Real Estate Appraisers); R.I. Code R. § 23-1-20:3 (applicant
may simply check “name change” as the purpose for submission of voter registration
card); Rhode Island Division of Motor Vehicles Form LI-1 (marriage certificate, divorce
decree or court papers evidencing new name for Rhode Island driver’s license). We
could find no Rhode Island legal authority requiring that an individual take additional
action other than usage to change his or her name.
Further, with respect to Rhode Island civil unions, R.I. GEN. LAWS § 15-3.1-6, which
became effective on July 1, 2011, provides:
A party to a civil union lawfully entered into pursuant to this chapter shall have
all the rights, benefits, protections, and responsibilities under law, whether derived
from statutes, administrative rules, court decisions, the common law, or any other
source of civil or criminal law as people joined together pursuant to chapter 15-3
[concerning marriages].
Rhode Island permits the use of a marriage certificate as proof of a name change.
See, e.g., Rhode Island Division of Motor Vehicles Form LI-1 (concerning name changes for driver’s
licenses). Therefore, since Rhode Island accepts a marriage certificate as proof of
a name change, R.I. GEN. LAWS § 15-3.1-6 will require that Rhode Island also accept
a civil union certificate. Accordingly, a name change request based upon a Rhode Island
civil union certificate should be processed in the same manner as a name change request
based upon a Rhode Island marriage certificate.
With respect to the dissolution of a Rhode Island civil union, R.I. GEN. LAWS § 15-3.1-9
provides, “In all relevant respects, the dissolution of civil unions shall follow
the procedures and be subject to the substantive rights and obligations outlined in
chapter 15-5” [concerning divorce and separation]. Thus, Rhode Island’s statutes concerning
divorce from the bond of marriage apply equally to a Rhode Island civil union. See also R.I. GEN. LAWS § 15-3.1-6 (granting parties to a civil union all of the same rights,
benefits, protections, and responsibilities under law as are granted to spouses in
a marriage). In Rhode Island a marriage is dissolved by a decree of divorce. See generally R.I. GEN. LAWS §§ 15- 5-1, 15-5-2, 15-5-3, 15-5-3.1. Under R.I. Gen. Laws § 15-5-17,
any woman to whom a divorce from marriage is decreed shall be authorized by the decree
to change her name, and the divorce decree need not encompass the name change. Case
law interprets this statute as applying to both parties to a divorce. T~, 404 A.2d at 80. Since parties to a divorce may request that a court restore a former
name, we conclude that parties to a civil union may as well, by operation of R.I.
GEN. LAWS § 15-3.1-6. Rhode Island state agencies appear to accept as proof of a name
change a certified copy of a divorce decree. See, e.g., Rhode Island Division of Motor Vehicles Form LI-1 (concerning name changes for driver’s
licenses). Therefore, R.I. GEN. LAWS § 15-3.1-6 requires that a decree of dissolution
of a civil union also be accepted as proof of a name change. Furthermore, given the
common law right to change names for any reason, we conclude that an individual may
change his or her name as a result of the dissolution of a civil union without requesting
that a court restore a former name. As previously discussed, under the common law,
such a change may be effectuated simply by use of the new name.
CONCLUSION
Based on the above analysis, we conclude that an individual may change his or her
name for any lawful reason in Rhode Island. A Rhode Island civil union certificate
may be used in the same manner as a Rhode Island marriage certificate as proof of
a name change in Rhode Island. No action is necessary to effectuate a name change
other than usage, and the only restriction on a name change is that the name change
cannot be made for a fraudulent purpose. A civil union is dissolved by a court decree
of dissolution of the civil union, and a civil union dissolution decree may also be
used as proof of a name change.