Name Change by Marriage Certificate or Court Order?

When it comes to changing your name there are many ways of doing it. What many people think of is a tedious process that perhaps takes forever. Nonetheless, it's just a process, whether the court is involved or not, like any other with an outcome.

To be on the safe side and avoid unnecessary long processes, there are a number of things you need to understand concerning name change, whether it comes as a result of marriage, divorce, court order, or passing of a spouse.

Changing to the last name of your spouse

This is one of the most common name changes out there. If you're planning to get married you don't need to go to court or find another way of changing into your spouse's name.

Once you're married, you can change your maiden name by using the marriage certificate only as the proof. Simply update your credit cards, banks, motor vehicle departments, among others, and you are good to go.

Remember, certified copies of your marriage certificate are required, as photocopies aren't acceptable. Call or visit the office where your marriage certificate was issued and request one to three certified marriage certificate copies—each usually has a raised seal.

Hyphenated last name

In case of you don't want to do away with your maiden name but want to use your spouse's last name together with your maiden name, you don't have to go to court.

Using your marriage certificate alone is sufficient for a hyphenated last name. However, in most cases, if you want a completely different last name from either your spouse's last name or your maiden name, a name change petition has to be filed in a court.

Husband taking wife's last name

As much as it can be expensive, it's possible for a man to take his wife's last name. However, only 18 states allow it currently as part of the marriage name change process.

But it doesn't mean it can't be done even in states where state statutes haven't authorized it. Instead, you need to file a court petition for a legal name change.

Don't forget, states and local courts have different forms for this. Filing fees also vary and should be considered before starting the process.

A number of states will even require the intent to change into your wife's last name be published in a newspaper for up to four weeks.

New first name

The process of legally changing into a new first name is similar to changing your last name. And it may not necessarily require a court order.

However, if you're in one of the vast majority of states that doesn't support first name changes through marriage, you'll need to obtain a court order from a judge.

It's through that order that changing into a first new name on your birth certificate as well as other documents will be possible.

Also, expect background checks to be carried out in several states before the process can begin. Remember, sex offenders, among others, aren't allowed to change their names.

Return to maiden name following divorce

Using divorce proceedings to revert back to your maiden name or previous name is a common pathway to changing your name without filing a separate court order.

While this varies from one jurisdiction to another, in most states, it's a easy to request the judge handling your divorce to enter a name restoration order to the maiden name.

In fact, if your divorce has been finalized and with it a court order concerning change of name, that's all you have to do.

Get a certified copy of the court order as the name restoration's proof. The copy can then be used to have your name changed on your ID cards and personal accounts.

If your divorce has been finalized without a court order allowing your name change, see if you can have the court order amended to include language that allows name change.

Keep in mind, whether or not a judge grants an order to restore your maiden name, you are not required to change your name after divorce if you prefer to maintain your married name.

Maiden to middle name

It's possible to change your name and still maintain your maiden name. You can adopt your spouse's name and make your maiden name into your middle name.

But you must be in a state that allows it. Many states have no problem with changing the maiden name to the middle name, but the process is very tricky in such states as New Jersey, Ohio, and Washington State.

These states require a court petition to have the name changed and the process can be quite stressful or trouble-free.

In states with stressful processes, hyphenation might turn out to be the most ideal and easiest secondary option, if you must change.

Brand new middle name

To change into a brand new middle name is possible, but a court petition is almost certainly required.

You need to know in such states as New York, people have the right to adopt the name they so desire by using that name as consistently as possible but without the intention of defrauding anyone. It's called the common law usage method.

However, when it comes to financial agencies and the government, there might be problems, particularly in such a time when credit card fraud and identity theft are so prevalent.

Legal court documents might be needed by financial agencies and the government. Also, remember, your passport, birth certificate, and social security card requires legal a name change document.

Double, compound, or segmented middle or last name

Apart from the traditional hyphenated name, there are many options, especially for those seeking a more elaborate name configuration.

If you're in a state that allows expansive name change options, such as California, Nevada, and New York, you're options extend far beyond the norm.

In fact, you can change into a name that combines a single surname, a segment or all of the pre-marriage surname or any previous surname of every spouse.

You can also opt for a combination type of surname that's hyphen separated, provided that every part of the combination surname is a previous surname or pre-marriage surname of every one of the spouses.

The legal implications following these types of name changes is that the marriage certificate will be the proof that the use of the new complex middle or last name is lawful.

Remember, you have the right to adopt and use any kind of name you would like just by using the chosen name consistently, but devoid of the intent to cheat someone.

Entirely new last name

As already mentioned, anyone can adopt any kind of name they want simply by using that particular name consistently without the aim of defrauding.

The only problem is that legal court documents could be required by government and financial agencies when it comes to changing into an entirely new last name and ensuring it appears on your passport, birth certificate, social security card and other documents.

It means you need a court petition that will give you the legal backing to have the new last name you choose for yourself adopted on every document important to you.

Widowers returning to prior name

It's possible, after the grieving period is over, for a widow to want to restore or go back to her maiden name.

In contrast with a divorce, where the decree usually gives the wife the legal power to return to a previous name or a maiden name, a widow only gets a death certificate that briefly mentions the surviving spouse's name.

This leaves the widow with the power to take further legal action if she so desires to go back to her prior name.

You need to get an order showing cause or a court's publication order setting a date in the court. However, not every state requires a publication notice to be made and the hearing date also varies from one jurisdiction to another.

Remember to collect certified copies of the signed decree so that you can present it to government and financial agencies, such as the social security administration, motor vehicle license department, and passport office, among others.

It's possible that the court will require a certified copy of the decree provided by the vital statistics department.

Conclusion

Whichever approach, sequence, or name change combination you choose, it's important to know the proper procedures and limitations, based on where you live.

Some options involve going to court, while others simply require a certified copy of your marriage certificate or divorce decree as proof. Your choices are many. Good luck navigating your name change journey.