Legally Changing Your Name After Marriage

Once upon a time, marriage meant that one spouse was required to legally change their last name to match their spouse’s. This is no longer the case. However, new options for post-marriage name changes have created new questions and legal issues.

We overview some issues that may accompany some name-change decisions. We also cover things you should consider if you want to change your name.

Name change laws vary from state to state, and the protocols and procedures vary from town to town. Everyone’s circumstances are different. For answers to specific questions, contact a local and experienced family law attorney. They can provide legal advice and name change advice tailored to you.

Options for a Post-Marriage Name Change

You have many options for legally changing your name after marriage. Newly married people are free to:

• Keep their maiden name
• Hyphenate their name with their spouse’s name
• Take their spouse’s name
• Come up with a different name altogether

Before considering any name change after marriage, it’s always important to first make sure you like whatever name you choose. As long as the name change isn’t done criminally or fraudulently, any of these options would constitute a legal name change.

How To Legally Change Your Name After Marriage

Here are the first steps you must take to legally change your name after getting married:

1. Use your intended new name on your new marriage certificate.
2. Change all legal documents, such as your Social Security card and driver’s license or state-issued ID.

To change your identification documents, you’ll likely have to present a certified copy of your marriage certificate to the relevant office, complete the appropriate forms, and submit the necessary fees.

In the unfortunate event that the marriage doesn’t work out, you have the freedom to change your name back after the divorce.

Legally Changing Your Name After Marriage: Using Your Spouse’s Last Name

Changing your name after marriage to your spouse’s name is quite easy. All you have to do is follow the above steps and then:

• Begin using that name.
• Use your new name in social settings and with family members.
• Use the name when you notify people of a change of address.
• Use your new name when you open new accounts and memberships. You can also ask different entities that you have accounts with to change your name.

Most people and places are pretty amenable to this. However, because of the threat of identity theft and fraud, many financial companies require documentation of your name. Your marriage certificate should suffice, but if it doesn’t, ask to speak to a supervisor. You have the right to legally change your name after marriage. If they’re difficult to work with, be sure to remind them of that.

Legally Changing Your Name After Marriage: Not Using Your Spouse’s Last Name

Changing your name after marriage to something other than your spouse’s name is completely acceptable. However, it sometimes requires more than just the marriage license. You will usually need a court order.

Most states simply require you to file different forms in court. State government websites have forms online that you can print and use. The questions on the forms are very straightforward. They may include your old name, new name, Social Security number, the reason for your name change, and a promise that you aren’t changing your name to commit fraud or to escape debt or criminal liability.

The most commonly required forms for a name change include:

• A petition to legally change your name
• An order to show cause for legally changing your name
• A decree to legally change your name

Once you have completed these forms, take them, along with your state’s required filing fees, to the court clerk who will file them. In most cases, a judge or magistrate will review your forms and grant the name change.

Each state differs in what it requires. So, be sure to check your own state’s laws. Your county clerk’s office or an appropriate office in the county courthouse can help you with this. However, you should be aware that some states require a formal advertisement for the usage of your new name. This is done simply by posting a notice in the local newspaper. When changing your name after marriage, an engagement announcement in the newspaper is usually sufficient to fulfill the formal advertisement requirement.

Informing People of Your New Name

The best way to let people know that you’ve changed your name is to start using it. Telling friends, family, and coworkers is easy and doesn’t require any kind of formal process. Other entities, such as government agencies and financial institutions, will usually require proof of your name change. This can be provided with a marriage license or court order. The entities that should be notified of your name change include:

• Employers
• Schools
• Post office (via change of address form)
• Department of Motor Vehicles (who will issue a new driver’s license)
• Social Security Administration (who will issue a new Social Security card)
• Department of records or vital statistics (issuers of birth certificates)
• Banks and other financial institutions (requirements for changing bank accounts, investment accounts, and credit cards will vary)
• Creditors and debtors
• Telephone and utility companies
• The IRS and the state taxing authority
• Insurance companies
• Voter registration office
• Passport office
• Public assistance (welfare) office
• Veterans administration
• Healthcare providers
• Social media accounts

Keep in mind, even if you haven’t officially changed your name with the DMV or Social Security office yet, it’s perfectly fine to update your name on social media and your email signature at work as soon as you’re married.

Should you have any questions or experience any hiccups in the name-changing process, contact an experienced family law attorney.