Pennsylvania lets you change your name through marriage without going to court

When you marry in Pennsylvania, you can change your name straightforward by using your new name and filing paperwork with the court—you do not need a judge's permission or a separate court case. The process is called a common law name change, and it works because Pennsylvania recognizes that marriage itself is the legal event that permits the name change. You file a petition with the Court of Common Pleas in the county where you were married, pay a filing fee (usually $50 to $100, depending on the county), and the court issues a decree. That decree is what you use to update your Social Security card, driver's license, and other documents.

The alternative is to change your name through a formal court petition, which takes longer and costs more but is sometimes necessary if you want to change your name to something other than your spouse's surname, or if you are changing your name after a divorce or legal separation. This guide covers the marriage name-change route, which is the most common.

Key Takeaways

  • You file a petition for name change in the Court of Common Pleas in the county where you were married, not where you live now.
  • You need your marriage certificate, a completed petition form (available from your county court), and the filing fee.
  • The court issues a decree within a few weeks; you then use that decree to update your Social Security number, driver's license, and bank records.
  • Pennsylvania recognizes common law name changes through marriage, so you do not need a judge to sign off on the change itself—only to issue the official decree.
  • If you want to change your name to something other than your spouse's surname, you will need to file a separate petition for name change in court, which requires a hearing.

Where to file and what forms you need

You file your petition in the Court of Common Pleas in the county where you were married. If you were married in Philadelphia, you file in Philadelphia County Court. If you were married in Allegheny County, you file there. Call the Prothonotary's Office (the court clerk's office) in that county and ask for the petition form for a name change by marriage. Many counties have the form on their website under "Family Law" or "Civil Petitions."

The petition asks for your current name, your desired name, your date of birth, your spouse's name, your marriage date, and your marriage certificate number. You will need to bring or mail your original marriage certificate or a certified copy. Some counties accept photocopies; others require the certified copy. Call ahead to confirm what your county accepts.

The filing fee varies by county. Most charge between $50 and $100. Some counties allow you to pay by mail; others require you to file in person. A few counties now accept online filing through their e-filing system. Check your county's Prothonotary website or call the office directly to learn the current process.

How long the process takes and what happens next

After you file, the court typically issues your name-change decree within two to four weeks. You do not attend a hearing for a common law name change through marriage—the court straightforward reviews your petition and issues the decree. Some counties mail it to you; others require you to pick it up in person.

Once you have the decree, you use it to update your name with the Social Security Administration, the Pennsylvania Department of Transportation (for your driver's license or ID card), your bank, your employer, and any other institution that has your name on file. The Social Security Administration requires the original or certified copy of your decree, plus your current Social Security card and a photo ID. You can explore in person at your local Social Security office or by mail.

For your driver's license or ID card, visit a PennDOT Driver License Center with your decree, your current license, and proof of your current address. You will pay a fee (usually $30 to $35) to update your license. If your license is not yet expired, you can keep it until expiration and update it then, but most people update when ready to avoid confusion.

What to do if you want a name other than your spouse's surname

If you want to change your name to something other than your spouse's last name—for example, if you want to hyphenate your names, keep your maiden name, or take a completely different surname—you cannot use the common law marriage name-change process. Instead, you file a petition for change of name in the Court of Common Pleas in the county where you live.

This petition requires a hearing before a judge. You will need to show that you have a legitimate reason for the name change and that the change is not for a fraudulent purpose. The court will publish a notice of your petition in a local newspaper for two weeks, and anyone can object. The hearing typically happens four to eight weeks after you file. The filing fee is usually $100 to $150, plus the cost of the newspaper notice (typically $30 to $75).

If the judge approves, you receive a decree and follow the same process to update your Social Security card, driver's license, and other documents. This route takes longer and costs more, but it gives you full control over what name you choose.

Updating your Social Security number and other records

Your Social Security number does not change when you change your name, but your Social Security card will show your new name. Visit your local Social Security office with your original or certified name-change decree, your current Social Security card, and a photo ID. You can also mail these documents to your local office if you prefer not to go in person. There is no fee. The Social Security Administration will issue a new card with your new name within one to two weeks.

After you update Social Security, update your driver's license or ID card at a PennDOT Driver License Center. Bring your decree, your current license, and proof of your current address (a utility bill, lease, or bank statement dated within the last 60 days). You will pay a fee to renew or replace your license. Once your driver's license shows your new name, you have a government-issued photo ID with your new name, which makes updating other records easier.

Contact your bank, credit card companies, employer, insurance companies, and any other institution that has your name on file. Most will update your name once you show them your new driver's license or a copy of your decree. Some may ask for both. Keep a copy of your decree for your records—you may need it later if a company questions your identity or if you need to prove your legal name change.

Name changes after divorce or legal separation

If you are divorced or legally separated and want to change your name, you have two options. If your divorce or separation decree includes a provision allowing you to resume your former name, you can file a petition to restore that name using a simplified process in the Court of Common Pleas. If your decree does not include that provision, or if you want to change to a name other than your former name, you file a standard petition for change of name and attend a hearing.

Check your divorce or separation decree to see whether it addresses name change. If it does, bring a certified copy of the decree to the Prothonotary's Office along with your petition. The process is faster and cheaper than a full petition for change of name. If your decree does not address it, or if you want a different name, follow the petition process described in the "What to do if you want a name other than your spouse's surname" section above.

Common mistakes to avoid

The most common mistake is filing in the wrong county. You must file in the county where you were married, not where you live now. If you were married in another state, you may need to file in that state's court, or you may be able to file in Pennsylvania if you now live here. Call the Prothonotary's Office in the county where you live and ask whether you can file there given that your marriage took place elsewhere.

Another mistake is submitting a photocopy of your marriage certificate when your county requires a certified copy. Always call ahead and confirm what your county accepts. A third mistake is not keeping a copy of your decree after the court issues it. Keep at least one certified copy in a safe place—you may need it years later if you change banks, move, or need to prove your legal name.

Do not assume that changing your name with Social Security and the DMV automatically updates your name everywhere else. Banks, credit card companies, insurance companies, and employers all maintain separate records. You must contact each one separately and provide proof of your name change. Some will update based on your new driver's license; others will ask for a copy of your decree.

Frequently Asked Questions

Can I change my name before my marriage certificate arrives?

No. You need your marriage certificate or a certified copy to file your petition. If your certificate has not arrived, contact the Vital Records Office in the county where you were married and request an expedited copy. Most counties can issue one within a few days for an additional fee of $10 to $25.

Do I need a lawyer to change my name after marriage in Pennsylvania?

No. The common law name-change process is straightforward and does not require a lawyer. You fill out a form, submit it with your marriage certificate and filing fee, and the court issues a decree. If you want to change your name to something other than your spouse's surname, a lawyer can help you navigate the petition process, but it is not required.

What if my spouse and I have different last names and we both want to change our names?

Each of you files a separate petition. If you both want to use a hyphenated name or a new surname together, you each file a petition for change of name (not a common law marriage name change) and explain in your petition that you are changing your name as part of your marriage. The court will likely approve both petitions together.

Can I change my name back if I change my mind later?

Yes. You file another petition for change of name in the Court of Common Pleas. There is no waiting period, and you do not need a reason. You pay the filing fee again and follow the same process. If you are changing back to your former name, some counties have a simplified process.

What if I was married outside Pennsylvania but now live here?

Call the Prothonotary's Office in the county where you now live and ask whether you can file your name-change petition there. Some counties will accept a petition based on an out-of-state marriage; others require you to file in the state where you were married. If you must file out of state, you can often do so by mail.