Keith Mack
In the United States, a common-law marriage is a union between a man and a woman who have not been formally married but are recognized by a state based on that particular state's laws. Not all states recognize common-law marriages, and each state has its own requirements for what constitutes a common-law marriage. After a couple has signed and filed the Use of Common-Law Spouse's Last Name Statutory Declaration form, they do not need to apply for a legal name change and can use their spouse's last name on all documents. However, if a couple lives in a state that does not recognize common-law marriage, they may need to obtain a legal name change through their local county court system to officially share a last name.
Explore related products
What You'll Learn
Definition of common-law marriage
A common-law marriage is a marriage that is based on an agreement between two people who consider themselves married and is sometimes followed by cohabitation. It does not require a marriage license or a ceremony. Common-law marriages are recognised in some jurisdictions, and while most no longer allow them to be formed, they may recognise such marriages formed prior to a certain date or in a jurisdiction that permits them.
In medieval Europe, marriage came under the jurisdiction of canon law, which recognised as valid a marriage in which the parties stated they took each other as husband and wife, even in the absence of any witnesses. In ancient Greece and Rome, marriages were private agreements between individuals and estates. In the United States, common-law marriages were valid in about one-third of states in the second half of the 20th century, either absolutely or conditionally (if entered into before a certain statute-defined date). Common-law marriages were valid in England until Lord Hardwicke's Act of 1753. In Canada, while some provinces may extend to couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married.
The term "common-law marriage" is often used incorrectly to describe various types of couple relationships, such as cohabitation or other legally formalized relations. The original concept of a "common-law" marriage is one that is considered valid by both partners but is not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service.
In some places, a formal marriage that was defectively solemnized (e.g., because of an error on the marriage license) may be declared valid as a common-law marriage.
Once a couple is married, or has signed and filed the Use of Common-Law Spouse's Last Name Statutory Declaration form, either partner can use their spouse's last name and change their documents to their chosen last name, using their marriage certificate or common-law statutory declaration as proof.
Inviting Your Foreign Mother-in-Law to the US
You may want to see also
Explore related products
Process of changing name after common-law marriage
The process of changing your name after a common-law marriage can vary depending on your location. Common-law marriages are only recognised in certain US states, including Alabama, Colorado, Georgia, Iowa, Kansas, Montana, Ohio, Pennsylvania, Rhode Island, Texas and Utah. If you are in a state that recognises common-law marriages, the process for changing your name is similar to that after a formal marriage.
Firstly, you will need to obtain a marriage license. After this, your new name will be reflected on your marriage certificate. You can then use this marriage certificate as proof of your name change when updating accounts, government and financial records, and other documents. It is recommended to get multiple copies of your marriage certificate to ease the name change process.
If you want to change your first name or choose a last name that is not your spouse's last name or a hyphenation of both your last names, you may need to obtain a court order. This process can vary between states and typically involves gathering documentation, filing a petition, setting a court date, appearing in court, and receiving official documents.
It is important to note that there is no federal law that requires a woman to assume her husband's surname after marriage. The decision to change your name is a personal choice and there are various options to consider, such as keeping your maiden name, hyphenating your maiden name with your spouse's last name, or choosing an entirely new last name.
Judges and Legal Practice: Can They Do Both?
You may want to see also
Explore related products
State recognition of common-law marriages
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah and New Hampshire have limited recognition of common-law marriage.
A common-law marriage is an informal marriage where couples do not have a marriage license, ceremony, or certificate. These couples must meet the requirements in their state before the state will recognize their common-law marriage. For example, in Colorado, the Supreme Court revised the elements for common-law marriage in 2021, in light of changing social practices and the recognition of same-sex marriage.
Some states have abolished common-law marriage but still recognize them if they began before a certain date or for a specific purpose. For example, Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania recognize common-law marriages created before a certain date.
States without common-law marriage must still recognize a common-law marriage from another state. For example, a couple with a common-law marriage in Colorado (a common-law marriage state) who moved to Ohio (a limited common-law marriage state) would still have their marriage recognized. This is because of the Constitution's full faith and credit clause.
If you are in a common-law marriage, you can use your spouse's last name and change your documents to your chosen last name, using your common-law statutory declaration as proof.
Law Enforcement Ammo: Can Civilians Legally Purchase It?
You may want to see also
Explore related products
Legal name change requirements
In most cases, you must file a petition with your local court to change your name. The first step to changing your name is acquiring a court order authorizing the change. This involves filing paperwork and, in some cases, appearing before a judge to complete the process. The forms and procedures vary depending on your location and jurisdiction, so check your local government website and contact your circuit court for specific information.
In some places, you must publish a public notice in the local newspaper to allow anyone with an objection to the name change to come forward. You may also need to provide a reason for the change and supporting documents, such as a background check. If you are changing your name due to marriage or divorce, you will need to provide a certified copy of your marriage or divorce certificate as proof.
Once the name change is authorized, you must notify various government agencies and update your identification documents. This includes updating your name with the Social Security Administration (SSA), which other agencies may use to learn of the name change. You should also update your driver's license or state ID, passport, and other documents such as your birth certificate.
If you are changing your child's name, you must file a petition with the court and include the reasons for the change. Both parents must agree to the name change, or a court must order the change if only one parent is making the application. The process may vary depending on whether the child is a minor or adopted.
Ohio Attorneys: Sworn-In, Ready to Practice Law?
You may want to see also
Explore related products
Notifying agencies of name change
In the United States, not all states recognize common-law marriages. However, if you are in a state that does, you can use your common-law husband's last name without applying for a legal name change. You will need to sign and file the Use of Common-Law Spouse's Last Name Statutory Declaration form. After that, you can change your name on all your documents, using your common-law statutory declaration as proof.
Once you have legally changed your name, you will need to notify various agencies and organizations. The process of changing your name can vary between states, so it is important to check the specific requirements in your state. Here are the steps you can take to notify different agencies:
- Social Security Administration (SSA): Notify the SSA early in the process. Having an updated record with the SSA will make it easier to change your name with other agencies. You will need to provide certified copies of your marriage certificate or name change orders as proof of your name change.
- Motor Vehicle Office: Contact your state's motor vehicle office to update your driver's license or state ID. The requirements may vary by state, but generally, you will need to provide a marriage certificate or a court order as proof of your name change.
- Internal Revenue Service (IRS): It is critical to update your name with the IRS before filing your tax return. Every name on your tax return must match the records of the Social Security Administration.
- State Department: Report your name change to the State Department as soon as possible to update your passport.
- USCIS: Complete a USCIS application online or by mail to update the name on your naturalization or citizenship certificate.
- Department of Veterans Affairs (VA): If you receive veterans' health care or benefits, be sure to notify the VA of your name change.
- Other Agencies: Depending on your specific circumstances, you may need to notify other agencies and organizations, such as your bank, employer, insurance company, and any other institutions where your name needs to be updated. Remember to ask each agency about their specific requirements for changing your name in their records.
It is important to note that changing your name through common-law marriage may require additional steps, as there is no formal ceremony or marriage certificate. You may need to obtain a name change order through your local county court system and then submit the proper paperwork to each agency. Services like MissNowMrs.com can also help you navigate the process and complete the necessary paperwork.
Where to Get Labor Law Posters Without Cost
You may want to see also
Frequently asked questions
Yes, you can use your common-law husband's last name.
You will need to sign and file a 'Use of Common-Law Spouse's Last Name Statutory Declaration' form.
You can change all your documents to your husband's last name, using your marriage certificate or common-law statutory declaration as proof.
If you want to change other documents, such as your S.I.N. card or driver's license, you will need to contact the appropriate agency and ask what their requirements are. For example, in Texas, you will need to provide a marriage license or a marriage verification letter from the Texas Department of State Health Services (DSHS).
