Changing your name after marriage or divorce is a personal choice and a common legal process. Whether you’re taking your spouse’s last name, hyphenating, or reverting to a maiden name, understanding the legal steps involved can make the process smoother. This guide covers everything you need to know to legally change your name without unnecessary complications.
Why Change Your Name?
People choose to change their names after marriage or divorce for various reasons, including:
- Personal Preference – Some individuals prefer to adopt their spouse’s surname or revert to their previous one.
- Family Unity – A shared last name can create a sense of family unity.
- Professional Reasons – Some people choose to maintain or change their name based on professional considerations.
- Cultural or Traditional Factors – Many cultures encourage or expect name changes after marriage.
Name Change After Marriage
1. Obtain a Certified Marriage Certificate
Once you are legally married, you need to obtain a certified copy of your marriage certificate from the county or state vital records office where your marriage was registered. This document serves as legal proof of your new name.
2. Update Your Social Security Card
To officially change your name, you must update it with the Social Security Administration (SSA). Follow these steps:
- Complete Form SS-5 (Application for a Social Security Card).
- Provide proof of your name change (certified marriage certificate).
- Present identification (driver’s license, passport, or state ID).
- Submit the application in person or by mail to your local SSA office.
3. Change Your Driver’s License or State ID
Visit your local Department of Motor Vehicles (DMV) with the following documents:
- Your updated Social Security card.
- Certified marriage certificate.
- Current driver’s license or state ID.
- Proof of residency (if required by your state).
Some states may require a nominal fee to issue a new license.
4. Update Your Passport
If you have a passport, you need to update your name through the U.S. Department of State. Depending on when your passport was issued, you will need to complete one of the following forms:
- Form DS-82 (for passports issued within the last 15 years).
- Form DS-5504 (if your passport was issued less than a year ago and needs correction).
- Form DS-11 (if your passport is older than 15 years).
Submit your form along with the required documentation, such as your current passport, a certified marriage certificate, and a new passport photo.
5. Update Financial and Other Legal Documents
After updating your legal identification, inform the following entities:
- Banks and Credit Unions – Update your name on accounts, checks, and credit/debit cards.
- Employers and Payroll Departments – Ensure your tax documents reflect your new name.
- Insurance Providers – Notify health, auto, and home insurance companies.
- Utility and Service Providers – Update accounts with internet, phone, and utility companies.
- Voter Registration – Update your voter registration information if required in your state.
Name Change After Divorce
1. Obtain a Certified Divorce Decree
If you are reverting to your maiden name or a previous name, ensure your divorce decree includes a court order allowing the change. If it does not, you may need to file a petition with the court to include the name change.
2. Update Your Social Security Card
Follow the same process as with a marriage-related name change:
- Complete Form SS-5.
- Provide proof of name change (certified divorce decree).
- Present valid identification.
- Submit the application to the SSA office.
3. Change Your Driver’s License or State ID
Visit your local DMV with:
- Updated Social Security card.
- Certified divorce decree.
- Current driver’s license or state ID.
4. Update Your Passport and Financial Documents
As with a name change after marriage, update your passport, bank accounts, employer records, insurance policies, and utility bills.
Special Cases and Considerations
Hyphenated or Double-Barreled Names
If you prefer to keep both last names (e.g., Smith-Jones), most states allow this as part of your marriage certificate name change. If you decide later to modify it, you may need a court petition.
Court-Petitioned Name Changes
If your name change request does not fall under marriage or divorce, you may need to file a petition with a local court. The process typically includes:
- Submitting a formal application.
- Publishing a name change notice (in some states).
- Attending a court hearing.
- Receiving a certified name change order.
Changing Your Child’s Last Name
If you wish to change your child’s last name due to marriage or divorce, you may need consent from both parents or a court order.
Common Mistakes to Avoid
- Failing to Obtain Certified Copies – Many agencies require an official, certified copy of your marriage certificate or divorce decree.
- Not Updating All Documents – Forgetting to change your name on financial records, voter registration, or legal documents can cause issues later.
- Ignoring Deadlines – Some states have deadlines for updating documents after a name change.
Final Thoughts
Changing your name after marriage or divorce is a straightforward but essential legal process. By following these steps and keeping all documents updated, you can avoid complications and ensure a smooth transition. If you have specific legal questions, consulting an attorney can provide additional clarity.