Editing Name change (section)

====Usage method====
A common law name (i.e. one assumed without formality and for a non-fraudulent purpose) is a legal name.<ref>See, ''e.g.'', ''State v. Ford'', 172 P. 802; ''Bonnie Lee Daniels'', 337 A.2d 49; ''Elizabeth Marie Hauptly'' 312 N.E.2d 857; ''Piotrowski v. Piotrowski'', 247 N.W.2d 354; ''Thomas v. Thomas'', 427 N.E.2d 1009; ''Klein v. Klein'', 373 A.2d 86; ''Stuart v. Board of Elections'', 295 A.2d 223.</ref> In most states, a statutory method, while quick and definitive, only supplements the common law method,<ref>''In Matter of Linda A.'', 480 N.Y.S.2d 996.</ref> unless the statute makes itself exclusive. A person may sue under a common law name.<ref>''Hoffman v. Bank of America'', (M.D. Florida 2006).</ref>

In [[California]] the "usage method" (changing the name at will under common law) is sufficient to change the name. Not all jurisdictions require that the new name be used exclusively.<ref>For example, ''Kreuter v US'', 201 F2d 33 (true name need not be abandoned), Florida Statute 322.22 (driver's licenses in two names), ''Loser v. Plainfield'', 128 N.W. 1101 (Iowa), ''Ludwinska v John Hancock'', 317 Pa 577 (may be used for just one nonfraudulent transaction).</ref> Any fraudulent use or intent, such as changing the name to the same name as another person's name, may invalidate this type of name change.

Specifically in California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 1279.5 (a) reads, "Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name." Subdivisions b through e preclude one from changing their name by common law if they are in state prison, on probation, on parole, or have been convicted of a serious sex offense. If a person is not in any of these categories, then a common law name change is allowed. (Family Code § 2082 also contains some of the same wording.)