California Name Change Kit - For Brides and Newly Wedded Couples

Name Change in California
Name Change Before or After Marriage

Pursuant to recently enacted California law, the marriage license now provides an
opportunity for the bride or groom to change their name after marriage.

Changing one's name through this process can only be done at the time the license is issued
and the name change information can not be amended at a later date.

If your name change is not addressed on the marriage license itself then you can only
change your name at a later date through a petition with the Superior Court or through
simple non-fraudulent common law usage. Each spouse may adopt any of the following
middle or last names after their marriage:

* The current last name of the other spouse
* The last name of either spouse given at birth
* A name combining into a single last name all or a segment of the current last name
or the last name of either spouse given at birth
* A hyphenated combination of last names

Importantly, your name does not change simply by including your name change
information on your marriage license. Your name change will only take place if you take
certain affirmative steps after your marriage.

Thus, even if you are not certain if you will be changing your name after your marriage it is
a very good idea to include your contemplated name change on your marriage license.

To change your name legally, you'll need to wait until you receive a certified copy of your
marriage license and certificate, which will typically take about 7 weeks.

You'll first need to take a certified copy to the Social Security Administration (SSA) to
change your name. This webpage will give you an overview of the SSA requirements and
will permit you to complete and download the necessary Form SS-5 . You'll save yourself
some time if you have the Form SS-5 completed when you arrive at the Social Security
Administration office.

After you change your name with the SSA you'll need to contact the Department of Motor
Vehicles (DMV) to make an appointment. When you are there you will have to fill out a
DL44 or DL44C form, give a thumbprint, have your photo taken, pay a driver's license fee
for a new card. You must bring proof of your Birth date and Legal Presence -with you. A
name change on your driver's license will not change your car registration information.

The Name Equality Act of 2007, which makes two fundamental changes to existing law.

·     The first change affects what can be considered a married legal name.

·      The second change establishes the point in time when a married legal name(s) must be
declared and the process for changing married legal names thereafter.

The first change can best be understood by reviewing what’s possible under common law
and what will be different under The Name Equality Act of 2007.

Today, couples can:
1.   Take their spouse’s name (either spouse, either name).
2.   Keep their own name.
3.   Hyphenate their names together.
4.   As of January 1, 2009, couples will also be able to create a new name for themselves by
combining into a single last name all or a segment of the current last name or last name of
either spouse given at birth.

The second major change is that couples are required to select their married names at the
time they apply for and purchase their marriage license.

Whatever name(s) are listed on the marriage license are the legal names that each spouse
will go by after they marry.

Changing a name AFTER the license is issued and BEFORE a couple marries will require the
purchase of a new license ($78). Changing a name AFTER the couple is married will require
that the couple go to court to effectuate a name change, a costly expense for the couple.

This new law only applies to the changing of the middle or last name. Neither spouse may
change their first name using this process. The name indicated on the marriage license
application cannot be changed by the County Clerk.

Of special concern to California County Clerks is that a marriage certificate is used by
multiple local, state, federal and private agencies all of whom have different rules and/or
regulations regarding what documents are acceptable to change a name on their records
following a marriage.

One cautionary note is that some agencies haven’t issued a new ruling relative to this
legislation and other agencies may not change their policies, (e.g., recognize a “created new
name”) as federal agencies aren’t bound by California law.

Therefore it is recommend that all couples getting married in or after 2009 add one more
very important task to the getting married to-do list…think about what you want your
married names to be before you apply for your marriage license.