Cameron Miranda
Changing your last name after marriage is a common practice, but the process can be time-consuming and vary depending on your state and whether you are in a common-law marriage or not. In the US, common-law marriage is a union recognised by the state based on that particular state's laws, and not all states recognise it. Common-law marriages do not have a marriage certificate or license, so to change your last name, you must petition the court.
Characteristics of changing your last name with common-law marriage
| Characteristics | Values |
|---|---|
| Is it possible to change your last name with a common-law marriage? | Yes, but it depends on the state. Common-law marriage is recognized in some form in Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. |
| What is a common-law marriage? | A common-law marriage is a union between a man and a woman who have not been formally married, but their union is recognized by the state based on that particular state's laws. |
| What are the requirements for a common-law marriage? | The requirements vary by state, but generally, both individuals must be consenting adults and reside together as a married couple after mutually agreeing to be married. |
| How do you change your name with a common-law marriage? | Since there is no formal ceremony or marriage certificate for common-law marriages, you must obtain a name change order through your local county court system. Once you have legal permission to change your name, you will need to notify each agency by submitting the proper paperwork. |
| What documents are needed to change your name? | A marriage certificate, an updated Social Security card, and a new driver's license and/or passport are typically required to change your name with other companies and services. |
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What You'll Learn
Common-law marriage and name change in Texas
In Texas, the right to change your name after marriage is based on case law, also known as "common law", rather than statute. While the Texas Attorney General has issued several opinions on the legal history of this right, there is no Texas law about changing your name after an informal (common law) marriage.
If you wish to change your name after a common-law marriage in Texas, you will need to go through the same process as anyone else changing their name in the state. In Texas, you can change your name for any reason, except for reasons against the public interest.
If you want to take your spouse's last name after a common-law marriage, you likely won't need a court order. You can change your last name to your spouse's last name and your middle name to your maiden name, or you can add your spouse's last name to your maiden name in hyphenated form.
To change your name on a Texas driver's license or ID, you will need to provide a marriage license or a marriage verification letter from the Texas Department of State Health Services (DSHS). This rule can be found on the Texas Department of Public Safety website. You may also need to provide proof of the name change, such as a certified copy of a court order, a marriage license, or another document.
It is important to note that changing your name on your driver's license or ID does not automatically update your name on other records. You will need to update each document individually. This includes notifying federal and state agencies, such as the Social Security Administration (SSA) and the motor vehicle office, of your name change. Having an updated license or state ID will make changing your name with other agencies easier.
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Common-law marriage and name change in other US states
In the United States, a legal name change can be obtained through a court order, and any citizen has the right to change their name through either common law or court procedure. The process of changing your name through marriage can vary between states.
A common-law marriage is a union between a man and a woman who have not been formally married, recognised by a state based on that particular state's laws. Common-law marriages are not recognised in all states, and each state has its own requirements for a union to be defined as a common-law marriage.
For example, Texas recognises common-law marriages, and the right to change your name after marriage is based on case law (also known as "common law"). However, there is no Texas law about changing your name after an informal (common-law) marriage. In Texas, you can change your last name to your spouse's last name and your middle name to your maiden name, or add your spouse's last name to your maiden name in hyphenated form, without a court order.
In most states, you can change your name when you apply for a divorce decree. In most cases, you must file a petition with your local court to change your name, which may involve filing paperwork and appearing before a judge.
Federal courts rule that a name change by "common law" is legal under the US Constitution, but to make the name change "official", you will need to take it a step further than just assuming your new name by obtaining legal permission to change your name through your local county court system. Once you have a name change order, you will notify each agency of your name change by submitting the proper paperwork.
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The process of changing your name after a common-law marriage
Changing your name after a common-law marriage is a different process from changing your name after a formal marriage. This is because common-law marriages do not have a marriage certificate, and there is no formal ceremony. However, it is possible to legally change your name after a common-law marriage by following the steps outlined below:
Firstly, it is important to note that not all states in the US recognize common-law marriages. Currently, the states that recognize common-law marriages in some form are Alabama, Colorado, the District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. Therefore, it is crucial to check your state's laws to see if your common-law marriage is valid.
Once you have confirmed that your state recognizes common-law marriages, you can initiate the legal name change process through your local county court system. You will need to contact the relevant office to obtain specific instructions on obtaining a legal name change. This typically involves filing a petition with the court and may require an appearance before a judge.
After you have received legal permission to change your name, you will need to notify various agencies and organizations of your name change. This includes federal and state agencies, such as the Social Security Administration (SSA) and the motor vehicle office. It is recommended to notify the SSA early, as other agencies are often informed of name changes through them.
To notify these agencies, you will need to submit the proper paperwork and provide proof of your name change. This can be in the form of a name change order or a certified copy of your marriage certificate if you have chosen to take your spouse's last name. You will also need to update your driver's license or state ID and your passport.
In addition to government agencies, you may also need to inform other companies and services of your name change. This could include financial institutions, employers, and any other organizations where your maiden name appears. It is essential to ensure that all relevant documents and records are updated with your new name to avoid any complications in the future.
While the process of changing your name after a common-law marriage may vary slightly depending on your state and specific circumstances, following these general steps should help you navigate the process successfully.
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Common-law marriage and name change for same-sex couples
In the United States, it has long been a tradition for a woman to take her husband's last name after marriage. However, this tradition is based on coverture laws, which dictate that a married woman's rights are subsumed by her husband, becoming one legal entity. In modern times, the decision to take a spouse's last name is a personal choice. Some people may choose to hyphenate their maiden name with their spouse's last name, or add a second middle name and take their spouse's last name. Others may choose a completely different last name.
Same-sex couples who want to share a last name do not have a clear precedent to follow. They can choose to keep their names, have one person take the other's name, hyphenate their names, or pick a new name together. For example, a couple with the last names Andersen and West could blend their names to become Westersen, or both take the name Andersen-West.
Some couples may choose not to change their names for career reasons, or because they simply like their last name. Same-sex couples, in particular, may feel that they are already abiding by societal norms by getting married, and so may be less inclined to change their names. However, some couples may reconsider changing their names when they are planning to have children, as they may want their family to share the same last name.
The process of changing your name after marriage can vary between states. Common-law marriages, which are unions recognized by the state and not formalized through a wedding ceremony, are only recognized in some states. In these cases, a legal name change through the local county court system is required. After receiving legal permission to change your name, you will need to notify various agencies and companies, including federal and state agencies, your bank, doctors, insurance companies, and credit card accounts.
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Common-law marriage and name change: prenups and cohabitation agreements
In the United States, common-law marriage is a union between a man and a woman who have not been formally married, but their marriage is recognised by the state based on that particular state's laws. Common-law marriages are not recognised in all states, and the requirements differ for each state that does. For example, in Texas, a common-law marriage requires a declaration of informal marriage, whereas in Colorado, Iowa, and Rhode Island, the requirements are different.
If you are in a common-law marriage and wish to change your name, the process is not the same as after a formal marriage. There is no marriage certificate in a common-law marriage, so you must petition the court for a legal name change. This process varies by state. Once you have a name change order, you will need to notify each agency of your name change by submitting the proper paperwork.
If you live in a state that recognises common-law marriage but do not wish to be legally bound as married, you should sign a written statement expressing this. To prevent a common-law designation, you should also file taxes separately, manage finances independently, and avoid shared bank accounts or credit cards.
Prenups and cohabitation agreements are relevant to common-law marriages in that they can help to prevent a common-law designation. For example, if you have a contract with your partner to never marry, this can be used as proof that you did not intend to be in a common-law marriage. This is especially important in community property states, where you risk losing assets and property if your relationship ends and your partner claims you were common-law married.
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Frequently asked questions
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. Common-law marriages are not recognized in all states.
The process of changing your last name with a common-law marriage differs from that of a traditional marriage. Since there is no marriage certificate, you must petition the court for a legal name change. Once you have a name change order, you can notify government agencies and other institutions by submitting the proper paperwork.
States that recognize common-law marriages in some form include Alabama, Colorado, the District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.
The requirements vary by state, but generally, both individuals must be consenting adults who reside together and have mutually agreed to be married. In Texas, there are three essential qualifications: a declaration of informal marriage, living together as a married couple, and filing taxes jointly or using the same last name for social security and bank accounts.
Yes, in some places, same-sex couples can establish a common-law marriage and enjoy the same legal rights as other couples. After the Obergefell v. Hodges Supreme Court decision in 2015, same-sex couples could claim common-law marriage across the U.S.
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