name chane

marvinwendy

Can somebody tell me - if I drop my middle name and replace it with my maiden name and take on my fiances last name do I still have to change all my legal documents?  Someone told me that if I do this I can either use my maiden or my married name and do not have to change legal documents. True??

redheadfsu

Any official name change would require you to change all the legal documents.

I think you may be confused, usually when a woman changes her name because of marriage it is done on the marriage license & shows when you get the marriage certificate from the clerk. You then take the marriage certiifcate to Social Security/ driver's license/ etc to change your name.

A legal name change is typically what people call it when you file a Petition in Circuit Court and a Judge issues a Order changing your name.

Both are legal name changes and thus you must change all legal documents for both routes. The marriage certificate is just much easier than going to Court.

ETA: however if you don't officially change it and people just call you it (like a nickname) you don't need to change documents.

jemmini6

If I'm understanding your question correctly, yes, you need to legally change your name.  Once you get a certified copy of your marriage license, that's sufficient documentation to change your name with Social Security.  After you change it with SS, you can change your name on your driver's license, banks, utilities, etc.

If you do not go through this process, you can still use your H's last name socially, but you must use your legal name on all correspondence with companies/government.

ElisabethJoanne

Name-change procedures vary from state to state. In general, no institution will require a name change unless you inform them of the name change, no matter how you make out your marriage license application.

Example: My name is Elisabeth Joanne Smith. I put on my marriage license that my new name will be Elisabeth Smith Jones. That will let me change my name with Social Security and the DMV and the banks, but if I still file my taxes under Elisabeth Smith, I doubt the IRS will care, even if I tell them I'm now married. The IRS does not have access to the state marriage license records. Same with the DMV and banks and everyone else.

But what's the point of filling out my marriage license application that way if I'm not going to change my name with Social Security and the rest? Also, at some point it could come up. I don't think it's a good idea to tell the marriage license people you plan to change your name, and not actually change it, even if the first time I can think of it being an issue is your first baby's birth certificate. Birth certificates and marriage licenses are often recorded with the same state agency, so they might actually double-check there.

redheadfsu

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_customs-traditions_name-chane?plckFindPostKey=Cat:Wedding%20BoardsForum:36Discussion:0d212c99-682b-456b-a39c-0ecc7e77d744Post:d832790b-3c11-44c5-923a-2d7b17a48a20">Re: name chane</a>:
[QUOTE]Name-change procedures vary from state to state. In general, no institution will require a name change unless you inform them of the name change, no matter how you make out your marriage license application. Example: My name is Elisabeth Joanne Smith. I put on my marriage license that my new name will be Elisabeth Smith Jones. That will let me change my name with Social Security and the DMV and the banks, but if I still file my taxes under Elisabeth Smith, <span style="font-weight:bold;">I doubt the IRS will care</span>, even if I tell them I'm now married. The IRS does not have access to the state marriage license records. Same with the DMV and banks and everyone else. But what's the point of filling out my marriage license application that way if I'm not going to change my name with Social Security and the rest? Also, at some point it could come up. I don't think it's a good idea to tell the marriage license people you plan to change your name, and not actually change it, even if the first time I can think of it being an issue is your first baby's birth certificate. Birth certificates and marriage licenses are often recorded with the same state agency, so they might actually double-check there.
Posted by ElisabethJoanne[/QUOTE]

The IRS won't care about something not being in your legal name? You are a tax lawyer or CPA? Or you just guessing?

Again all legal documents must/should be in your legal name. Having legal documents in different names <span style="font-weight:bold;">causes headaches for everyone</span>. But OP don't take legal advice from anyone on the internet. The above is a perfect example of someone giving their "thoughts" on what the law might be.

07ultraclassic

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_customs-traditions_name-chane?plckFindPostKey=Cat:Wedding BoardsForum:36Discussion:0d212c99-682b-456b-a39c-0ecc7e77d744Post:d832790b-3c11-44c5-923a-2d7b17a48a20">Re: name chane</a>:
[QUOTE]Name-change procedures vary from state to state. In general, no institution will require a name change unless you inform them of the name change, no matter how you make out your marriage license application. Example: My name is Elisabeth Joanne Smith. I put on my marriage license that my new name will be Elisabeth Smith Jones. That will let me change my name with Social Security and the DMV and the banks, but if I still file my taxes under Elisabeth Smith, I doubt the IRS will care, even if I tell them I'm now married.[/QUOTE]

I live in Seattle, we were married in Vegas, and nowhere on the marriage license (or application) does it ask what I 'preferred' my new name to be.

When I took my papers to SS Office, they did ask what I wanted on my new card. (went with: FirstName MaidenName NewLastName). DMV asked the same thing, and took what I asked for, and they made sure it matched the new SS Card.

The IRS does in fact care (if anyone does) and if you're caught, your return filing could get delayed processing, or kicked out for the discrepancy if you aren't consistent with your information. (and you get charged for late file penalties if you owe $$) You'll need to let your employer know to change it on your W2's as well. If you change your name with your bank, they'll report interest received in your new name, if you keep your old on other reportable items, you could get your stuff kicked out for the discrepancies.. it happens. I have family that works for them. :)

ElisabethJoanne

Yes, if you change one, you have to change all. But just because you indicate a name change on your marriage license application does not mean you have to change any.

In California, you have to state your intent to change your name on the marriage license application. Once the license is issued, you have a piece of paper indicating your IDs should be reissued in your new name, but nothing requires you to actually get the IDs reissued. As the application did not require information from any of the usual ID-issuing agencies, the County/State has 0 way of telling the Social Security Department, DMV, IRS, State Department, banks, etc., you "changed your name." As we say on here often, you have to take the license and/or new IDs to all those places to do that. If you never take that step, and never use your new name legally, outside vital statistics and family court, you'll have changed it without changing it, I guess is how we should say it. Changed it on your license but nowhere else.

ElisabethJoanne

On a fourth reading, let me edit my first post here:

Example: My name is Elisabeth Joanne Smith. I put on my marriage license that my new name will be Elisabeth Smith Jones. That will let me change my name with Social Security and the DMV and the banks, but if I NEVER TAKE MY MARRIAGE LICENSE THERE AND still file my taxes under Elisabeth Smith, I doubt the IRS will care, even if I tell them I'm now married. The IRS does not have access to the state marriage license records. Same with the DMV and banks and everyone else.

[Also read this in conjunction with what I said about California's name-change procedure. It's very different from Nevada, for example, apparently. The California marriage license does change your name in some minimal, but legal way, just not in a way that automatically alerts any agency but Vital Statistics.]