Summary
- The process of legally changing your name after marriage is simple
- You need your marriage certificate, ID and proof of citizenship/residency
- If you’re in a domestic partnership, you can use a court order
Throughout the country, up to 79% of women in opposite-sex marriages change their last names when they get married. That’s almost eight in 10 women. Despite the popularity of this tradition, the process is not always clear. If you’re planning on tying the knot but don’t know how to legally change your name after marriage, you’re not alone.
Let’s look at the process and whether it matters if you’re entering into a domestic partnership vs. marriage.
Steps to Change a Name After Marriage
One or both spouses can change their names after marriage, allowing each one to take on their loved one’s last name. More commonly, however, it is the woman who replaces their last name with their husband’s or tacks it on with a hyphen. There are a few steps you’ll need to take before you can start the process.
Choose the Name
You have the chance to decide exactly what your new last name will look like. You can remove your current last name completely, or you may want to shift your maiden name to become your middle name. Another popular option is to hyphenate the two last names.
If you have been through one divorce or more, you may have already hyphenated your last name. You can decide whether you’d like to keep all of those additional names or replace them with your new spouse’s.
Gather Appropriate Documents
Vitally, when preparing for how to change last names after marriage, you must ensure that you have the required paperwork. You will need your marriage certificate, which proves that you have legally been wedded.
Each state has a different process for obtaining a marriage certificate, but it will usually require that you first obtain a marriage license. This document permits you to get married. Acquiring one means submitting an application and proper identification and requires you to pay a fee.
Keep in mind that age restrictions vary greatly throughout the country when it comes to who can obtain a marriage license. In Texas, for example, you must be at least 18 to marry without parental consent, and you can’t get married at all if you’re below the age of 16.
In Florida, however, you can’t get married if you’re younger than 17, even with parental consent. Some states, including California, New Mexico, Oklahoma and Mississippi, don’t have a minimum marriage age.
Without a license, you can’t get married, so ensure that you know all of the requirements for applying for one at your county clerk’s office. Once you do get married, whoever officiates the wedding must fill out the certificate, and they must do so within a certain timeframe. This timeline also varies by state.
To obtain a copy of the marriage certificate, you’ll usually need to go to your county clerk’s office.
Change Your Social Security Card
Once you have your marriage certificate with your new name on it, you will need to change your Social Security card. You can do this via the Social Security Administration website or in person. You’ll have to provide your current Social Security card, a copy of the marriage certificate, proof of citizenship or residency and a valid photo ID.
Make All Other Official Changes
After ensuring that your Social Security information has been updated, you can begin changing your driver’s license, ID, passport and other vital documents.
Domestic Partnership Name Changes
If you are not officially married but instead have a domestic partnership and would like to change your name to your partner’s, the process can be a bit more complex because you won’t have a marriage certificate. You’ll have to get the name changed via a court order.
Each state has its own procedures for this process, but most of the time, you’ll have to file a formal and written request with your county court. You will likely also have to publish your proposed name change in the local newspaper. Many states do this to ensure you’re not committing fraud or escaping creditors.
Divorce and Name Changes
Whether you have a contested or uncontested divorce, the process of getting your name changed back is the same. Once you have your official and certified divorce papers, you can update your Social Security card by visiting your local Social Security Administration office and bringing the divorce decree and ID.
If you have a separation agreement and want to revert to your original name, you can usually do this via court order.
Getting Legal Guidance From Experienced Attorneys
If you’re planning on getting married or divorced, or you have questions about the process of changing your name, getting assistance from a lawyer can help you avoid complications and delays.
At ConsumerShield, we can offer legal advice on how to legally change your name after marriage and put you in contact with lawyers in your local area who provide the services you need. With experienced representation, all of your legal processes can go much more smoothly.
Contact our team to learn more about how we can help you find the right attorney.
