fictitious name

The Ins and Outs of Fictitious Names

Sometimes people need or want to use a name other than their legal name—whether for privacy, safety, or creative reasons. This article will break down everything you need to know about fictitious names.

What is a Fictitious Name?

A fictitious name, also called an assumed name or pseudonym, is simply a name that a person uses instead of their real, legal name. For example, an author may use a pen name rather than publish under their real name. Or a performer may use a stage name. A fictitious name allows a separation between someone’s public persona and private identity.

Reasons to Use a Fictitious Name

There are many reasons why someone may want to take on an alternate identity with a fictitious name:

• Privacy – People in certain careers, like law enforcement, may not want their real name known publicly for safety reasons.
• Safety – Victims of stalking or abuse may assume a fictitious name to avoid being located by their abuser.
• Creativity – Writers, artists, performers, and others often use a pseudonym as part of their public persona.
• Anonymity – Whistleblowers and activists may use a fictitious name to avoid retaliation for speaking out.
• Fresh start – Someone may take on a new name to disassociate from a previous reputation.

As you can see, using an alternate name can serve many legitimate purposes. The key is doing it legally.

Legal Considerations

While there is no law prohibiting the casual use of nicknames or assumed names in social situations, there are laws governing the formal, legal use of fictitious names. Some key legal considerations:

Contracts and Legal Documents

Fictitious names generally cannot be used to enter into contracts or sign other legal documents. Exceptions may include:
Pen names – authors may enter into publishing contracts using their pen name.
Stage names – performers’ unions allow the use of stage names for contracts.
Pseudonymous works – writers may publish anonymously or under a pen name.
Witness protection identities – approved as part of a witness security program.
In most cases, you must use your real legal name for legal documents to be valid.

Business Dealings

If you want to operate a business using a fictitious name, you must register your “Doing Business As” name with the proper government agency, such as the county clerk or state corporations office. This “DBA” filing makes your assumed name official for tax and licensing purposes.

Fraudulent Intent

It is illegal to use a fake name if you intend to defraud or mislead someone. For example, using a false identity to obtain credit or avoid debts would constitute fraud.

Best Practices

If you have a legitimate reason to use a fictitious name, here are some tips:

• Consult a lawyer – Get guidance to ensure your use stays within the law.
• File a DBA – If using the name for business, file paperwork to make it official.
• Limit legal/financial use – Be cautious about contracts or money under the assumed name.
• Notify key institutions – If changing a name, alert government agencies, lenders, etc.
• Keep records – Maintain paperwork tracking any name changes or filings.

Following these best practices will help avoid legal issues down the road.

Should You Change Your Name Legally?

Rather than informally using a fictitious name, some opt to legally change their name, which involves petitioning a court. Reasons may include:

• Permanence – A legal name change makes the new name official for all purposes.
• Family – Someone may change their name after marriage or divorce.
• Transgender identity – Changing gender identity is grounds for a legal name change.
• Safety – Abuse victims may change their name to hide their identity.
• Fresh start – Legal name changes allow someone to fully disassociate from the past.

The process varies by state but generally involves submitting forms, appearing before a judge, publishing notice of the change, and updating government documentation.
While allowing more legal usage than just assuming a fictitious name, a legal name change is a bigger commitment with more paperwork. The choice depends on your individual needs and reasons for changing your name.

In Closing

Using a name other than your birth name—or even legally changing it—can serve many practical purposes. Just be sure that if you use a fictitious name, you do so within the bounds of the law. Consult an attorney if unsure. And if opting for a legal name change, be prepared for a bureaucratic process.