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Changing Your Name in a Common Law Marriage
What The Law Requires
Because a common-law marriage does not include a formal ceremony, couples must look for other ways to document the marriage in order for it to be considered valid by the state. One of the easiest ways to do this is for the wife to take her husband’s last name.
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While laws differ from state to state, some allow you to legally change your name simply by using that name on a day-to-day basis. However, many private and public institutions won’t recognize this type of name change since there is no official documentation of the new name. That means opening a checking account with your assumed name could be difficult - as could getting a new driver’s license under your new name.
The solution is to get a court order granting your name change to satisfy any requirements by companies insisting that you use your “legal” name. This is a relatively easy process and doesn’t require any counseling, home studies or documented proof for approval.
Changing your name is not a requirement, and will not void the marriage if the wife decides to keep her maiden name. Likewise, a name change alone will not formalize the marriage and the couple must still meet the requirements of their State. For example, many same sex couples successfully petition the court to have their surnames changed upon making a long-term commitment to one another. This name change will not create a common law marriage because no state which allows common law marriage recognizes same sex marriage.
Court Name Change Kit
Name change form kits (you do it yourself) are available, as well as name change preparation services (they do it for you). If you order preparation services, the forms will be completed for you based on the information you provide and reviewed by a professional. Free form descriptions, previews and law summaries are provided for each state.
The name change kit is an extensive package containing forms and instructions for notifying government agencies and others of a name change for Court Order Name Changes. Forms and instructions are included for Passport, Social Security Card, Voter Registration, Employer, Banks and other Financial Institutions, Clubs and Organizations, Drivers License, Post Office, Insurance Companies, IRS, State Tax Commission, etc. It also contains forms for changing contracts, wills and other legal documents.
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Tags : common law marriage, marriage, name change, changing your name, common law