Name Changes After Marriage

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 Am I Required to Take My Husband's Last Name after Marriage?

No, a wife is not required to take her husband’s last name after marriage. It has become more common for women to keep their last names or to change them to a hyphenated version of their maiden name and their husband’s last name.

Another option some women choose is to change their maiden name to their middle name and take their husband’s last name. There are numerous options available.

What are the Advantages to Keeping My Maiden Name?

One of the main issues with changing an individual’s name is that it can be time consuming and require changes on many different documents. In certain states, if an individual decides to change their name after marriage, they are required to change their name on their marriage certificate as well as to pay the required fees.

In addition, the individual will be required to change their name on any government issued identifications, including:

  • Passports;
  • Driver’s licenses; and
  • Social security cards.

Other items that an individual may have to change their name on include:

  • Credit cards;
  • Health cards;
  • Banking cards;
  • Insurance bills;
  • Utilities; and
  • Other items.

If an individual keeps their maiden name, none of those items discussed above are required. In addition, if an individual has a well-established career, especially if they are self-employed, changing their last name may result in less name or brand recognition.

There are also some individuals who find the practice of changing their last name to their husband’s last name as an old custom which no longer applies in today’s society. In the past, women were considered property of their husband and taking their last name reinforces what is not an antiquated and offensive tradition.

What are the Disadvantages to Keeping My Maiden Name?

There are certain disadvantages for an individual who has a different last name than their spouse. A couple with different last names may have a more difficult time being processed by various government and business procedures.

This is because these entities often process couples faster based upon their common last name. For example, a married couple who has different last names and is flying together may find it more difficult to check-in together.

If the couple has children, there is no clear answer regarding what last name the children should take. If one spouse decides to hyphenate their last name as well as their children’s last names, the children may not keep their name in that form when they get married or have children.

In addition, if a spouse’s name is different than their children’s last name, it can make certain activities more difficult, including:

  • Travel;
  • Hospital visits; and
  • School pick-ups.

An individual changing their last name can also strengthen their relationship on a psychological level. Instead of having two individuals with different names, the spouses become more of a unit if they share the same last name.

If I Change My Name, Will My Criminal Record Under My Maiden Name be Expunged?

No, an individual changing their name does not get them out of legal trouble or help them to evade prosecution. In addition, it does not provide a clean record or give the individual a new identity.

If an individual is attempting to change their name to avoid legal trouble, they may face additional legal trouble. It is important to note that when an individual changes their name, it does not change their social security number, which follows them for the rest of their life.

Are There Any Other Legal Considerations?

If an individual decides to change their name, there are certain legal considerations they should take into account. They may have difficulty accessing bank records which are under their maiden name, especially if the paperwork to change their name has not been processed or they do not yet have the new government identification with their new name.

If an individual does not have their new ID yet, they may take their name change paperwork to the bank. If an individual entered into a contract using their maiden name, they may need to provide proof of their new name and that they are the same individual.

This applies especially in cases where the individual intends to change the terms of the contract or to enforce the contract.

What is the Law For Name Changes after a Same-Sex Marriage?

The laws governing a name change after any marriage will vary by state. Because same-sex marriage is now legal in all 50 states, it follows that rules governing name changes after marriage should apply equally to both same-sex and opposite-sex couples.

Same-sex couple may face obstacles in some states becuase the rules are writeen only to apply to opposite-sex couples. These difficulties have made couples become creative in their name changes, for example:

  • Blending names, for example, Andersen and West becomes Westersen;
  • Hyphenating names for both people, for example, both last names are Andersen-West or vice versa;
  • Choosing a totally different name, for example, both Andersen and West are now Harkness; and
  • Keeping original names, which is often done for professional or reputational reasons.

If an individual changes their name because of a marriage, the first document that may have their new name is their marriage license. There are some name changes, however, which require a court order, which may involve a separate hearing or application process in addition to a marriage license.

Once an individual’s name has changed, they will also need to:

  • Change their name on their Social Security Card;
  • Change their driver’s license or state ID card;
  • Change their name on bank accounts;
  • Change their name with
    • doctors;
    • insurance companies;
    • credit card accounts; and
    • any other place which has their old name.

How Do I Return to My Former Name after a Divorce?

In certain states, an individual may request the same court that is handing their divorce case to include a formal order restoring their former or birth name in their divorce decree. In these situations, the order in the divorce decree serves as official documentation of a legal name change.

It is a good idea for the individual to obtain certified copies of this document showing their name changes. These can typically be obtained through the court clerk.

The individual will also need to submit name changes to all of the entities to which they submitted their marriage name change.

Do I Need to Consult a Lawyer to Change My Name After Marriage?

A name change is an important step in your life and it is important to consider all of the implications of taking that step. If you have any issues, questions, or concerns related to changing your name, it may be helpful to consult with a family lawyer.

Your lawyer can explain all of the legal implications of changing your name. Your lawyer can also ensure that you file the correct paperwork for your name change and assist through the process of changing all of your identification and personal records.

If you have children and wish to change their names as well, your lawyer can advise you on that process and assist you to have their names changed.

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