• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can we both change our names??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

IAMZP

Junior Member
I recently entered in to a civil union with my partner. She was previously married and kept her married name because her child was still in school. He is now an adult and we would like to take her maiden name. Can we both, since our ceremony was just last week, simply fill out the regular forms with the social security department and driver's license facility or will she need to petition the court to have her name changed first?
 


justalayman

Senior Member
The state might make a difference but any state I have researched, if you do not change your name at the time of obtaining whatever license is required, you cannot change it later using the marriage/civil union as giving you the right to change your name. You would generally have to file for a name change in court. Generally it is not difficult nor overly expensive as it is a very simple process.
 

ecmst12

Senior Member
I got legally married in December 09, ceremonially married in October 10, and DH and I both changed our names in February 11 with our marriage certificate. No complications whatsoever.
 

justalayman

Senior Member
I got legally married in December 09, ceremonially married in October 10, and DH and I both changed our names in February 11 with our marriage certificate. No complications whatsoever.
that's odd. Not only can I not find anything that speaks to being able to change your name in the same action as getting married, I am finding suggestions that to change your name even due to the marriage, you still have to file for a formal name change with the courts. Got a link or anything to show how you register your name change as part of the marriage process?
 

Zigner

Senior Member, Non-Attorney
that's odd. Not only can I not find anything that speaks to being able to change your name in the same action as getting married, I am finding suggestions that to change your name even due to the marriage, you still have to file for a formal name change with the courts. Got a link or anything to show how you register your name change as part of the marriage process?
The state matters. OP has chosen to not let us know that piece of information.
 

Proserpina

Senior Member
that's odd. Not only can I not find anything that speaks to being able to change your name in the same action as getting married, I am finding suggestions that to change your name even due to the marriage, you still have to file for a formal name change with the courts. Got a link or anything to show how you register your name change as part of the marriage process?

(Sorry to continue the hijack)

My first marriage took place in PA, same as ecm. There was no formal name change required; all I did was go down to social security with the marriage license and ID, my SS card was switched and all my photo ID got switched easily too.
 

Zigner

Senior Member, Non-Attorney
Social Security doesn't require a court-ordered name change:

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/315/~/change-a-name-on-a-social-security-card

PA DMV doesn't require a court order

http://www.dmv.state.pa.us/change_name/index.shtml

Banks, etc, won't require it after you show the marriage document, social security card & driver license.
 

justalayman

Senior Member
(Sorry to continue the hijack)

My first marriage took place in PA, same as ecm. There was no formal name change required; all I did was go down to social security with the marriage license and ID, my SS card was switched and all my photo ID got switched easily too.
is there something on the marriage license where one would register the name of either party after marriage if it is different than their name prior to the marriage? If not, unless somebody can show something that allows it, the only thing I can find that legally changes your name would be to file a petition to change your name through the courts. The fact is, if there isn't such a registration on the marriage license app, your now used married name is not registered with the state as being your legal name.
 

CourtClerk

Senior Member
that's odd. Not only can I not find anything that speaks to being able to change your name in the same action as getting married, I am finding suggestions that to change your name even due to the marriage, you still have to file for a formal name change with the courts. Got a link or anything to show how you register your name change as part of the marriage process?
I just got married in GA. I took my marriage certificate to the DMV and Social Security and changed my name. I did have to indicate on the application for marriage license which name I was electing to use after marriage though.
 

Zigner

Senior Member, Non-Attorney
is there something on the marriage license where one would register the name of either party after marriage if it is different than their name prior to the marriage? If not, unless somebody can show something that allows it, the only thing I can find that legally changes your name would be to file a petition to change your name through the courts. The fact is, if there isn't such a registration on the marriage license app, your now used married name is not registered with the state as being your legal name.
PA doesn't REQUIRE a name change to be "registered" with the state (ie: "informal" name changes are allowed, so long as it is not for fraudulent purposes.)
 

justalayman

Senior Member
PA doesn't REQUIRE a name change to be "registered" with the state (ie: "informal" name changes are allowed, so long as it is not for fraudulent purposes.)
correct but you cannot use an "informal" name on your SS card, driver's license, or any other governmental issued identification cards.

that would be fraud
 

Zigner

Senior Member, Non-Attorney
correct but you cannot use an "informal" name on your SS card, driver's license, or any other governmental issued identification cards.

that would be fraud
Slow down. It's not fraud in the slightest.

First, see my link for what the SS folks require. Second, see my link for what the PA DMV requires. Neither *requires* a court order.
 

justalayman

Senior Member
Slow down. It's not fraud in the slightest.

First, see my link for what the SS folks require. Second, see my link for what the PA DMV requires. Neither *requires* a court order.
From the SSA

Evidence of Identity
You must provide current, unexpired evidence of identity in your legal name. Your legal name will be shown on
the Social Security card. Generally, we prefer to see documents issued in the U.S. Documents you submit to
establish identity must show your legal name AND provide biographical information (your date of birth, age, or
parents' names) and/or physical information (photograph, or physical description - height, eye and hair color,
etc.). If you send a photo identity document but do not appear in person, the document must show your
biographical information (e.g., your date of birth, age, or parents' names). Generally, documents without an
expiration date should have been issued within the past two years for adults and within the past four years for
children.
Changing Information on Your Social Security Record
To change the information on your Social Security number record (i.e., a name or citizenship change, or
corrected date of birth) you must provide documents to prove your identity, support the requested change,
and establish the reason for the change. For example, you may provide a birth certificate to show your
correct date of birth. A document supporting a name change must be recent and identify you by both your
old and new names. If the name change event occurred over two years ago or if the name change
document does not have enough information to prove your identity, you must also provide documents to
prove your identity in your prior name and/or in some cases your new legal name. If you were born outside
the U.S. you must provide a document to prove your U.S. citizenship or current lawful, work-authorized
status. See page 2 for an explanation of acceptable documents.
notice that the requirement for a document supporting a name change must show the old and new names.

so, does PA marriage licenses allow for the pre-marriage and post marriage names to be documented?


and an informal name is just that; an informal name. Your legal name still remains what it was.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top