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  1. #1
    Join Date
    May 2013
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    2

    Default Un-Hyphenating Name on Marriage

    My question involves name change laws in the State of: VT/MA

    My fiance currently has a hyphenated last name, and he is thinking about changing his name to just one of those names, dropping the other and the hyphen (e.g. currently Jones-Smith, wants to change to Jones). Is that a change that can be done legally when we get married? Alternatively, am I able to change my name to Jones, even if he stays Jones-Smith and has to petition?
    We are getting married in Vermont, which does NOT have a line on the marriage license for "Intended last name after marriage", and live in Massachusetts.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Un-Hyphenating Name on Marriage

    that's a great question. Wish I had a great answer. I did find this quite informative concerning VT's position on the issue though:

    https://secure.ssa.gov/poms.nsf/lnx/1502707050

    I suspect you may end up utilizing MA law on the issue because all of the legal issues will be in MA:

    Section 1D. Each party to a marriage may adopt any surname, including but not limited to the present or birth-given surname of either party, may retain or resume use of a present or birth-given surname, or may adopt any hyphenated combination thereof.
    I wish they had stopped at the part I emboldened though as the following actually throws ambiguity of intent by listing specific sources of names.

  3. #3
    Join Date
    May 2013
    Posts
    2

    Default Re: Un-Hyphenating Name on Marriage

    Thanks for the link - it does seem that same-sex marriage has cleared a couple of issues up regarding name changes with SSA and the Dept. of State - it doesn't make it clear if a marriage certificate with a hyphenated name is evidence enough to change to an un-hyphenated version, though. :/

    I guess a follow-up question to the original post is - at this point, because I cannot seem to find any information on whether or not what I want to do is legal, is it better to just petition for a name change later (and go through the hoops and $165 fee)?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Un-Hyphenating Name on Marriage

    On one hand they say:

    According to the Vermont judiciary’s website, “[l]egal name changes are only necessary if you are interested in changing your name by an Official Court order. For non-legally binding day-to-day usage or return to a maiden name, an official Court order is often unnecessary.”
    but flip flop quite quickly and claim the opposite as well.


    as to VA accepting hyphenated or any other name:

    Vermont does not appear to place any additional restrictions upon individuals seeking to change their names based on same-sex marriages beyond those involved in any name-change process. It is unclear whether an individual has complete discretion to change his or her name to anything he or she chooses. The Vermont statutes and case law do not place any specific restrictions upon name changes via the marriage certificate. See VT. STAT. ANN. tit. 18, § 5131(a)(2) (2010). Nevertheless, it is also clear that Vermont typically requires court involvement in the name-change process, even in situations involving adults. Id. tit. 15, §§ 558, 811.
    so, based on that, it would require a court action to change your name. Due to it being a name change no different than if I walked in to change my name, you can change it to anything you wish to change it to.

    In addition, your home state does recognize a name change simply due to claim and use:


    Merolevitz, Petitioner, 320 Mass. 448 (1946). "It is well settled that at common law a person may change his name at will, without resort to legal proceedings, by merely adopting another name, provided that this is done for an honest purpose."

    the problem with all of this, as I see it, given the concern of issues such as national security and even the enforcement of many state laws, claiming a name by simple usage could present a lot of issues for many people. If you or your spouse are in any activity where it could present a problem, I would suggest simply changing your names through the courts and be done with it.

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