Summary
- People change their names for many reasons, including marriage and divorce
- Some name changes have fewer legal requirements and costs than others
- The requirements and fees vary from state to state
People have many reasons for wanting to change their names. An adopted child may take their adopted family’s name. Similarly, a newly married spouse might add their spouse’s name to their birth name. For some people, it might simply be a matter of preference.
A person’s name represents more than just their identity — it also has legal implications ranging from government benefit programs to criminal background checks.
As such, many states require a court to approve at least some types of name changes before an applicant can start using the new name. These court procedures almost always require payment of court fees and administrative costs.
Possible Reasons for Changing Your Name
Name changes often occur due to three primary events:
- Marriage
- Divorce
- Court order
The first is based on the tradition in which a female spouse takes her male spouse’s last name. This tradition is still strong, although it isn’t universally adopted.
According to one survey, 79% of women in opposite-sex marriages took their husband’s last name, and another 5% hyphenated their surname and their husband’s last name. About 14% kept their surname. Thus, roughly 84% of women required a name change after marriage.
The second name-change scenario is less common. However, women who took their spouse’s last name after marriage often readopt their birth name in the event of a divorce. Such a reversion can offer a fresh start and eliminate any lingering reminders of the marriage.
The third situation serves as a catch-all for a variety of motivations for name changes, including:
- Adoption
- Religious conversion
- Change in gender identity
- Anglicization of a non-English name
These name changes are usually voluntary and often require a judge’s approval. Grounds for denying name changes include trying to avoid a process server in a wrongful death lawsuit or ducking creditors.
Costs Based on the Type of Name Change
The primary cost of a name change arises from administrative and court fees. In some cases, you might also incur lawyer fees. However, the likelihood that you’ll need a lawyer depends on your reasons for changing your name.
Does It Cost Money to Change Your Name After Marriage?
Generally, you won’t need to pay any court filing fees to change your name after marriage. Instead, you’ll take a copy of the official marriage certificate to the agencies responsible for updating your records.
If you aren’t legally married, many states require you to get a court order. This is one of the possible disadvantages of a domestic partnership vs. marriage.
For example, you don’t need a court order to change your name after marriage in Texas. However, this only holds if you change your name as follows:
- Taking your spouse’s last name
- Using your birth surname and spouse’s surname with hyphenation
- Changing your surname to your middle name and taking your spouse’s last name
You must order a certified copy of your marriage license to take to the Texas Department of Public Safety to update your driver’s license. The fee ranges from $10 to $80. You can use your new ID and marriage certificate to update your Social Security card, bank accounts, and other records.
How Much Does It Cost to Change Your Last Name After a Divorce?
Most states presume that you won’t change your name after a divorce. Some allow residents to include a name change request in their divorce papers. In these states, the name change won’t cost anything beyond the cost of the divorce.
In other states, you might require a separate court order to change your name after divorce. You’ll pay a separate petition fee for such an order.
Other states give divorcees both options. After a divorce in California, for instance, you can have your divorce judge sign the name change papers or file a separate petition for a name change.
How Much Does it Cost to Change Your Name by Court Order?
Most other name changes require a special process to obtain a court order. Some, like an adoption, can be combined with another proceeding. Others necessitate a proceeding specifically to address the name change.
Many states require petitioners to pay a filing fee for name change petitions. This fee may vary from less than $100 to several hundred dollars, depending on where you live. If the judge approves the petition, your court costs will end, but you may still need to pay registration fees to state agencies to update your records.
The judge can also deny your petition or hold a hearing to discuss your reasons for changing your name. Judges in most states can deny petitions when they believe the petitioner’s reasons are fraudulent.
For example, a judge may question whether you’re trying to avoid creditors or escape a DUI on your criminal record by changing your name. If they raise these issues, a lawyer can assist you in a court hearing.
Learn More About Name Change Costs and Procedures From ConsumerShield
Filing a name-change petition is usually a routine process with minimal fees. However, judges are occasionally reluctant to approve these requests. As a result, you may need to spend additional money on lawyer fees to address the judge’s concerns.
ConsumerShield helps people understand their legal needs and find an attorney to assist them. Contact us today for a free case review and lawyer referral.
