Yes, you can change your name when you get married, but it is not automatic
Marriage does not legally change your name on its own. You keep the name on your birth certificate unless you take steps to change it. Most states let you change your name as part of the marriage process — you can do it at the same time you get the marriage license, or wait and do it later. Some states make it easier if you change your name during the marriage filing; others treat it the same whether you do it now or in five years.
The process varies by state. A few states let you change your name on the marriage license itself, which is the fastest route. Most states require you to file a separate name-change petition in court, even if you are changing it to your spouse's last name. You will need to pay a filing fee (usually $100 to $300) and may need to publish a notice in a local newspaper, depending on where you live.
You can change your name to your spouse's last name, combine both names, keep your own name, or choose something entirely different. The rules are the same regardless of which option you pick — the court does not care what name you choose, only that you follow the filing process for your state.
Key Takeaways
- Marriage itself does not change your legal name; you must file paperwork with the court or during the marriage license process to make it official.
- Some states let you change your name on the marriage license form, while others require a separate court petition filed after the marriage.
- You can change your name to your spouse's last name, hyphenate both names, keep your own name, or choose a new name entirely.
- Filing fees range from $100 to $300 depending on your state, and some states require you to publish a notice in a newspaper.
- Once your name change is approved, you will need to update your Social Security card, driver's license, passport, and other documents separately.
How to change your name during the marriage license process
A handful of states — including California, Florida, Iowa, Kansas, and New York — let you change your name as part of getting the marriage license. When you fill out the marriage license process, you list the name you want to use after marriage. The marriage license itself becomes your proof of the name change, and you can use it to update your other documents.
This is the fastest and cheapest option if your state offers it. You do not pay a separate filing fee, and you do not have to go to court. However, you must do it before or at the time you get the license. If you miss this window, you will have to file a court petition later, which costs more and takes longer.
Check your state's vital records office or clerk of court website to see whether your state allows name changes on the marriage license. The clerk's office can tell you what form to fill out and what to bring when you explore for the license.
How to change your name through a court petition after marriage
Most states require you to file a name-change petition in the court that covers your county. You fill out a petition form (the name and format vary by state), pay the filing fee, and submit it to the clerk of court. Some states require you to publish a notice of your name change in a local newspaper for a set period — usually two to four weeks — to give anyone a chance to object.
After the waiting period (if required) and publication (if required), you attend a brief hearing or the judge approves your petition on paper. Once approved, the court issues an order granting your name change. You take this order to the Social Security Administration, your state's DMV, and other agencies to update your records.
The whole process usually takes four to eight weeks, depending on whether your state requires newspaper publication and how busy the court is. Some courts are faster; others have longer backlogs. Call your local courthouse to ask how long the wait typically is in your area.
What documents you need to file a name-change petition
The exact documents depend on your state, but most require your birth certificate, marriage certificate, and a completed petition form. Some states ask for a government-issued ID like a driver's license or passport. A few states require you to get a background check or fingerprints taken before approving a name change.
Your state's court website or clerk's office can give you a checklist of what to bring. Many states let you read the petition form from the court website and fill it out at home. Some require you to pick it up in person or pay a small fee to have it mailed to you.
If you cannot find the form online, call the clerk of court for your county and ask them to mail it to you or tell you where to pick it up. Do not assume the forms are the same across your state — some counties have slightly different requirements, so always check with your local courthouse first.
Updating your name with Social Security, the DMV, and other agencies
Once your name change is official — whether through the marriage license or a court order — you need to update your name with the Social Security Administration, your state's Department of Motor Vehicles, and any other agencies or organizations that have your records. This is a separate step from the name change itself and can take several weeks.
Start with the Social Security Administration. Bring your court order or marriage license (whichever is your proof of name change), your birth certificate, and a government-issued ID to your local Social Security office. They will issue you a new Social Security card with your new name. This usually takes one to two weeks.
Next, go to your state's DMV with your new Social Security card, court order or marriage license, and your current driver's license. They will issue you a new license with your new name. Then update your name with your bank, employer, insurance companies, and any other organizations that have your information on file. Each one has its own process and timeline.
Changing your name if you want something other than your spouse's last name
You are not limited to taking your spouse's last name. You can hyphenate both names, keep your own name, take your spouse's name and keep your own as a middle name, or choose a completely different name. The court does not restrict your choice as long as you are not changing your name to commit fraud or evade the law.
If you want a name other than your spouse's last name, you will almost certainly have to file a court petition rather than change your name on the marriage license. Most states that allow name changes on the marriage license only let you use your spouse's last name or a hyphenated version of both names. For anything else, you need the court process.
The filing fee and timeline are the same as any other name-change petition. The court will approve your choice as long as it is not being used to defraud someone or hide from the law.
What happens if you do not change your name right away
You can change your name years after you get married. There is no important date. If you decide later that you want to change your name, you file a court petition just as you would have right after the wedding. The process is identical, and the cost is the same.
Some people wait because they are unsure about the decision, want to see how the marriage goes, or straightforward did not think about it at the time. Others change their name after a divorce and then change it again if they remarry. The court does not care how long you wait or how many times you have changed your name before.
The only advantage to changing your name during the marriage process is that it is slightly faster and cheaper in states that allow it on the marriage license. If you miss that window, you can still change your name through the court system whenever you are ready.
Frequently Asked Questions
Do I have to change my name when I get married?
No. Marriage does not require you to change your name. You can keep your own name, and it remains legal and valid. Some people keep their own name for professional reasons, personal preference, or cultural tradition. Your choice is entirely up to you.
Can I change my name back after I get married?
Yes. If you change your name when you marry and later want to change it back, you can file a court petition to do so. The process is the same as any other name change. You do not have to wait for a divorce to change your name back — you can do it whenever you want.
What if my state does not allow name changes on the marriage license?
You will file a court petition in your county after you are married. Bring your marriage certificate, birth certificate, and a government-issued ID to the courthouse. The clerk will give you the petition form and tell you what the filing fee is. The process takes four to eight weeks depending on whether your state requires newspaper publication.
Do I need a lawyer to change my name?
No. Most people file a name-change petition on their own without a lawyer. The forms are straightforward, and the clerk of court can answer basic questions about how to fill them out. A lawyer is not required unless your situation is unusual or you want professional help.
Can I use my marriage certificate as proof of my name change?
Only if your state allows you to change your name on the marriage license itself. If you filed a court petition, you need the court order, not the marriage certificate. Some agencies will accept the marriage certificate as proof if you changed your name on it, but Social Security and the DMV typically want the court order or the marriage license showing the name change.