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Husband Changing His Surname Name After Wedding

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  • 03-19-2011, 08:18 AM
    lfb8769
    Husband Changing His Surname Name After Wedding
    My question involves name change laws in the State of: California
    Hi, my son will change his lastname after he gets marries in April 2011. I was an unwed mother and did not know that I didn't have to give him his father's lastname. I remarried and we did'nt change his lastname. His father since the age of two didn't have his own father in his life. He point blank chose not to care for any of his children. So my husband wanted him when he came of age to choose him and his lastname. He did and didn't relize the process it would take in California. My question is which name does his new bride take and since he will change his name a few weeks after they get married? What do they put on the marriage certificate. What paperwork do they do. What would be the easiest they process they should take. All help is needed. He is choosing the man who has loved him and I am trying to help in anyway. Thank you
  • 03-19-2011, 08:48 AM
    flyingron
    Re: Changing name after wedding
    The name on the birth certificate in this case is his legal name.

    WHen they apply for their marriage license, they specify their new last name(s) on that form. The name can be either the bride's or the groom's current legal last name or combination of the two. You can't apparently change it to another unrelated name.

    It becomes effective when the certificate is recorded.

    To change it otherwise requires it to be made as a petition to the court. Info here:
    http://www.courtinfo.ca.gov/selfhelp...namechange.htm

    With April rapidly approaching, there is not likely time (unless perhaps he gets on it right away and the wedding is at the very end of April) to get it changed. Info here:
    http://www.courtinfo.ca.gov/selfhelp...namechange.htm

    I suspect they'd be better off to use their current names on the marriage license and then both petition for the unrelated name afterwards.

    Whatever you choose to change the names, get a bunch of true copies made of the change (be it marriage license or court order). Lots of people will want to see this to update the names on things.
  • 03-22-2011, 02:09 AM
    lfb8769
    Re: Changing name after wedding
    Thank you so much for responding so quickly to my post. I want to make sure I understand correctly. My son and his fiance should use their legal names on the marriage license and then both of them petition for the new last name. That is both of them do separate paperwork for the new last name. Is it possible for the name change for two people to be on one form and only pay one fee? So the new bride should hold off on going to the Social Security office and other places to do paperwork of new name until they have gone through the court process. Once their names are changed what about the marriage certificate? Do they have to do new paperwork? She should continue to use her legal name until name change paperwork is finished. Thank you for your help.
  • 03-22-2011, 06:47 AM
    flyingron
    Re: Changing name after wedding
    I don't think you can short circuit doing individual applications. Yes, if they're just going to change the names, I'd recommend not changing them first on the marriage certificate. Cuts down on the number of times they have to notify everybody.
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