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I have a question about a marriage application and name

Hi, I have a...

Hi, I have a question about a marriage application and name change

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

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Customer reply replied 9 months ago
We have filled out the application and elected at the time to not charge our names. After the ceremony but before submitting the application, we have decided we would like to change our names. Is the only way to do that now through a legal name change and not through the marriage process.
Answered in 17 minutes by:
10/24/2017
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,311
Experience: 30 plus years of experience.
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Ask Your Own Family Law Question

A marriage name change, unlike a court ordered name change, is permissible at law upon marriage as a common law name change. This is why the driver's license bureau and SSA accept proof of marriage and allow the person to change their name to their married name without court process. You can elect at any time after the marriage to use a married name.

Simply produce a certified copy of the marriage certificate and the appropriate government agency form (for example, the SS-5 for social security) and they will change your name in their records.

You do not have to go through a court process.

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Did you have further questions? Please let me know if your question was answered satisfactorily.

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Customer reply replied 9 months ago
Hi. My question was about it marriage license application. The application, not the certificate, has been issued by our county but has not been submitted by the couple. Can we eject to change our names at this point or is it too late and we now have to go through another method of name change.

Yes, if you have been married you can elect to change your name at any time. You do not close the door on a marital name change by not electing on the application.

If the marriage has occurred, though, you can not just change the license after the officiant has signed off.

You can, however, simply go ahead and change your name with SSA and DMV, which you would need to do anyway.

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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 39,311
Experience: 30 plus years of experience.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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