Your name does not change automatically when you marry
Getting married does not legally change your name on its own. You keep the name on your birth certificate unless you take steps to change it. Some people take their spouse's surname, some keep their own, some combine names, and some do nothing at all—all are legal choices in all 50 states.
The confusion comes from tradition and paperwork timing. Many people change their name around the same time they marry because the marriage license gives them a legal reason to do so, and courts often waive or reduce fees for name changes filed within a certain window after marriage. But the marriage itself is not the change—it is the paperwork you file afterward that makes the change official.
Key Takeaways
- Your name stays the same unless you file a separate legal name change, even after you marry.
- Most states allow you to change your name as part of the marriage process by requesting it on the marriage license or petition, which is faster and cheaper than a separate court filing.
- You can change your name to your spouse's surname, keep your own, hyphenate, combine names in a new way, or keep everything as is—all are legal.
- After the name change is official, you must update your Social Security card, driver's license, passport, and other documents yourself; the court does not do this for you.
- If you want to change your name after marriage without using the marriage license route, you file a petition in the court that handles name changes in your county.
Changing your name through the marriage license
The fastest way to change your name is to request it on the marriage license or the petition for marriage in your state. When you explore for the license, you will see a section asking what name you want to use after marriage. Write the name you want—your spouse's surname, a hyphenated name, your current name, or any other legal name—and the clerk will include it in the marriage record.
Once the marriage is performed and the license is signed by the officiant and returned to the county clerk, that name becomes your legal name. You do not need to file anything else in court. This route is free or costs only the marriage license fee itself, which ranges from about $20 to $100 depending on your state and county.
The catch is timing: you must decide and write the name on the license before you marry. If you did not do this, or if you want to change your name after the marriage is already recorded, you will need to file a separate petition in court. Some states also allow you to amend the marriage license after the fact, but this varies—check with your county clerk to see if that option is available to you.
Filing a name change petition after marriage
If you did not change your name on the marriage license, or if you want to change it later, you file a petition for name change in the district court or superior court in the county where you live. The process is the same whether you are married or not—marriage does not make it faster or cheaper at this stage.
You will need to fill out a petition form (available from your county court clerk's website or in person), pay a filing fee (typically $100 to $300), and in most states publish a notice in a local newspaper for a set number of weeks so the public can object. Some states waive the publication requirement if you are changing your name for a common reason like marriage, but you should check your county's rules.
After publication, you attend a brief hearing where a judge reviews your petition. If there is no objection and the judge approves, you receive a court order with your new legal name. The whole process usually takes four to eight weeks. Once you have the court order, you use it to update all your documents, just as you would with a name change made through the marriage license.
What names you can legally choose
You are not limited to your spouse's surname. You can take their last name, keep your own, hyphenate both surnames, create a new surname from parts of both names, or use any other name that is not intended to defraud or harm someone. Some people use a professional name at work and a married name at home—both are legal as long as you are consistent in official documents.
The only real restriction is that you cannot change your name to avoid paying debts or to evade the law. Courts will deny a petition if they believe the name change is fraudulent. Otherwise, the choice is yours. If you are unsure whether a name you want to use would be approved, you can call your county court clerk and ask before you file.
Updating your documents after the name change
Once your name change is official—whether through the marriage license or a court order—you must update your documents yourself. The court does not do this for you. Start with your Social Security card, because many other agencies use your Social Security number to verify your identity.
Go to your local Social Security office with your court order (or marriage certificate if you changed your name on the license) and a photo ID. They will issue a new Social Security card with your new name at no cost. This usually takes one to two weeks.
Next, update your driver's license or state ID at your DMV. Bring your Social Security card, court order or marriage certificate, and current ID. The fee varies by state but is usually $10 to $30. Then update your passport at your local passport acceptance facility if you have one. After that, contact your bank, employer, insurance companies, and any other organization that has your name on file. Keep copies of your court order or marriage certificate—you will need to show it repeatedly.
Name changes for people in same-sex marriages
The rules are identical regardless of the gender of your spouse. You can change your name on the marriage license, keep your own name, hyphenate, or combine names in any way you choose. The same court process applies if you change your name after marriage.
Some states historically had different rules for same-sex couples, but those restrictions have been removed. Today, every state treats name changes the same way for all married couples, regardless of the gender or sex of either spouse.
If you change your mind later
You can change your name again at any time by filing another petition in court. There is no waiting period and no limit on how many times you can do it. The process is the same: fill out a petition, pay the filing fee, publish notice, attend a hearing, and get a court order. You then update your documents again.
If you want to go back to your maiden name or a previous name after divorce, the process is similar, though some states allow you to request the name change as part of the divorce decree itself, which can save time and money.
Frequently Asked Questions
Do I have to change my name when I get married?
No. You can keep your current name, change it, or use different names in different contexts. Marriage does not require a name change in any state. The choice is entirely yours.
Can my spouse and I both change our names to something new?
Yes. You are not limited to either spouse's current surname. You can both change to a hyphenated name, a blended name, or any other legal name. You each file your own petition or request the name on your marriage license.
What if I want to change my name but my spouse does not?
That is fine. Each person controls their own name. You can change yours through the marriage license or a court petition while your spouse keeps theirs. There is no requirement that married people share a surname.
How long does it take to change my name on the marriage license?
It is when ready. When you write your desired name on the marriage license and the officiant signs it, that name becomes your legal name. You do not wait for court approval. You then update your other documents at your own pace.
Do I need a lawyer to change my name?
No. You can file the petition yourself. The forms are available free from your county court clerk, and the process is straightforward. A lawyer can help if you want, but it is not necessary for a routine name change.