How to Change Your Name after Marriage in Common Law Marriages

Common Law Marriage Name Change

Some of you may be asking yourself what is a common law marriage*? It’s when a couple has lived together for at least 7 years, right? Actually…no, that’s a MYTH. A common law marriage is union (between a man and a woman who have not been formally married) recognized by a state based on that particular state’s laws. Common law married name change is a name change based on a common law marriage.

After some research, I found that not all 50 of the United States recognize common law marriages. As a matter of fact not even half do! States that recognize common law marriages (in some form or another) include: Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.

Each state has its own requirements to meet for a union to be defined as common law marriage; which is precisely why it is important to take a look at your state’s laws to see if you are indeed in a valid common law marriage according to the state in which you reside.

The next order of business is your name change. Unfortunately, since there is no formal ceremony for common law marriages (and no Marriage Certificate) it is not the same process as changing your name after marriage and requires you to complete an additional step in order to legally change your name.

Federal courts rule that a name change at will or by “common law” is perfectly legal under the U.S. Constitution—meaning you can call yourself Rainbow Bright if you want to! However, in order to make the name change “official” you will need to take it one step further than just assuming your new name. Which means a legal name change through your local county court system. Please contact that office directly for further information on obtaining a legal name change.

Once you have a name change order (legal permission to officially change your name) you will notify each agency of your name change by submitting the proper paperwork. Each agency will process your name change requests and issue new state and government documents (i.e. Social Security card, Driver’s License, Passport, etc.) in that new name.

Sounds like going from Miss to Mrs.is a hassle, doesn’t it? This is where theMissNowMrs.com married name change service can help you! While we can’t obtain a name change order for you, once you have it you are able to use our service to help complete your paperwork and provide you with the step-by-step filing instructions to notify each agency of your new name. We promise to make it as painless and stress-free as possible!

Have you changed your name at will or by “common law?” Did you have trouble obtaining new state and government documents without a name change order? Help us and our readers further understand the process by leaving a comment below.

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Changing your name after common law marriage

Name Change Service 3 Day BOGO Sale

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The Name Equality Act: California

Have you heard about the name equality act? Name change is certainly tricky in all 50 states (with each state allocating their own laws on what constitutes a married name change versus a legal name change, etc.), you may be shocked to find out that in California couples can decide to make up a new last name to take after marriage thanks to the Name Equality Act*. While this is not a new law by any means, it’s definitely worthy of talking about!

The state of California allows one or both applicants to elect to change their middle and/or last names by which they wish to be known as after they are officially married. That means if you are planning to marry in CA and haven’t already applied for your Marriage License, this opportunity applies to you, so now you and your future spouse have a decision to make! Will you take his last name? Will he take your last name? Will the two of you have a combination of your two last names? Decisions, decisions!

What you need to know about the Name Equality Act

Only at the time of applying for your Marriage License can you elect to make these changes. Once your name is listed on your Marriage License, that is how it will later appear on your Marriage Certificate. This is the legal document used as proof of your marriage issued by your state. You cannot decide to add or amend this information after your Marriage License has been issued without having to obtain a Legal Name Change through your local superior court system. This can be costly, so it is important to put some thought into the name you will list on your Marriage License Application. After all, this is the name you will ultimately be known as in the future!

Each of you can elect to have one of the following last names:
The current last name of either spouse
The last name of either spouse given at birth
A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth

Each of you can elect to have one of the following middle names:
The current last name of either spouse
The last name of either spouse given at birth
A hyphenated version of the current middle name and current last name of the person or spouse
A hyphenated version of the current middle name and the birth last name of the person or spouse

Confused yet?! Here’s an example:
Woman: Jane Marie Doe
Man: John Robert Smith
They can become Jane Smith Doe (and John Smith Doe), Jane Marie-Doe Smith (and John Robert-Doe Smith), Jane Marie Doesmith (and John Robert Doesmith), etc.

Do you and your spouse share a combination last name? Was your family supportive of your choice to make up a new last name? Tell us your story… We’d love to know how you worked through the process and if you used our online service or name change app!

*The name equality act currently only applies to couples marrying in California and to all California Marriage Licenses issued on or after January 1, 2009.

Help Me Change My Name

Maiden to Middle Name Change

Taking her maiden name as a middle name after marriage is one of the more popular name change choices of newlyweds today. Many women are attached to their maiden names for various reasons: they built a career using it, they are the only child to carry on the family name or they can’t imagine “being anyone else”. Adding her maiden name as a middle name allows for a woman to “keep” her maiden name while taking her husband’s last name, but avoid the mouthful of a hyphenated name.

News flash! More and more states are no longer recognizing a woman’s right to change her middle name based on marriage. What does this mean to newlyweds in the middle of name change? If you live in California, New Jersey, New York, New York City, Ohio (unless your Marriage Certificate shows your intended middle name), Pennsylvania or Washington you are unable to take your maiden name as your middle name as part of your married name change.

Be aware of your state’s policies regarding name change. If you file your government forms with a new middle name, but live in a state that disallows maiden to middle name change you will end up with mismatched identification documents. The reality of having a different name on your state driver’s license and your U.S. Passport can be unsettling. Travel will be tedious as you need to book any international flights in the name on your passport, but local flights should match your state driver’s license. There can also be issues if security is requiring two forms of ID (as yours won’t match). We highly recommend choosing one married name option and using it on ALL of your documents.

Petitioning the Court System

If a bride is dead set on changing her middle name, she will have to petition the U.S. court system via an attorney for a legal name change. This can be a very long and expensive process, but it might be the only way a couple can come to a married name they can agree upon. The moral of this blog posting is be sure to research your state’s name change policies before you begin your name change.

If you’d like to speak with a married name change expert about your particular state and situation, call the gurus at MissNowMrs. They’ll provide you with the most up-to-date information on your state for free! They can also help you consider alternate name change options if you end up being in a non-middle name change state.

Have you tried to change your name and run into red tape and state-specific issues? Share your story today and help another newlywed avoid unnecessary name change hassle! You can also check out our name change checklist for more help.