Marriage License - post 9/11 - name change rules being enforced

I just found out, after having discussed this with FH well in advance, that I cannot change my name on the marriage license to Mrs. Maiden Married (no hypen) without going through some process in civil court Apparently since 9/11 the Clerk's Office has been enforcing the policy (which has been in effect for some time but not enforced) of requiring women to hypenate.

It's totally absurd since anyone can adopt whatever name they chose so long as there is no intent to defraud.

From NY Office of Vital Records website:

Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud. A person's last name (surname) does not automatically change upon marriage, and neither party to the marriage is required to change his or her last name. The bride and groom need not take the same last name.

One or both parties to a marriage may elect to change the surname by which he or she wishes to be known after the marriage by entering the new name in the appropriate space provided on the marriage license. The new name must consist of one of the following options:

* the surname of the other spouse;
* any former surname of either spouse;
* a name combining into a single surname all or a segment of the premarriage surname or any former surname of each spouse;
* a combination name separated by a hyphen, provided that each part of such combination surname is the premarriage surname, or any former surname, of each of the spouses.

The use of this option will provide a record of your change of name. The marriage certificate, containing the new name, if any, is proof that the use of the new name, or the retention of the former name, is lawful. The local Social Security Administration office should be contacted so that its records and your social security identification card reflect the name change. There is no charge for this service.

Whether you decide to use or not use this option at the time of your marriage license application, you still have the right to adopt a different name through usage at some future date. However, your marriage license cannot be changed to record a surname you decide to use after your marriage.

If you plan to use your married name at work, be sure to have your name changed in Social Security records. This way, you will get credit for all your earnings. It's easy and it's absolutely free. Contact any Social Security office. Look in the telephone book for the address and phone number. You will need documentary evidence showing both your old name and your new name.


FH is happy about this since he wants me to change my name (hypenate) but I am annoyed Even if I hypenate on the license I refuse to change all of my other documents. It's just too much with SS, driver's license, degrees, real estate holdings, bank accounts, brokerage accounts, I'd have to make a motion to practice under the hypenated name - OMG!!!! It's so much easier to just keep my name

Re: Marriage License - post 9/11 - name change rules being enforced

Oh that stinks, I wanted to be Mrs. Maiden Married no Hyphen too!!!

As you can tell I'm a little late on the name change thing!

Re: Marriage License - post 9/11 - name change rules being enforced

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Posted by akaMrsT

I'd have to make a motion to practice under the hypenated name - OMG!!!! It's so much easier to just keep my name

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Ummm, you have to make a motion to practice under your married name as well. That is the reason I'm not changing mine. Just the thought of having to go to Brooklyn to change my name with the courts is a nightmare I don't want to deal with.

Re: Marriage License - post 9/11 - name change rules being enforced

Re: Marriage License - post 9/11 - name change rules being enforced

Name change rules are so stiff now. You have to file a motion in your local NYS family court, and legally change your name. I've done a few of these for some of my immigration clients, and it's a pain in the booty.

You have to file the proper documentation, and pay and index fee of $255 (i think, I'm not 100% that's the exact amount), receive a court date, and then get the judge to approve the name change. After that happens, you MUST (i stress the MUST) place a legal notice in the newspaper that the judge selects within a select period of time, and after you prove this, they will allow you to legally change your name.

Here's the link to the NYS Court System Name Change Page:
NYS Family Court Name Change Requirements

Re: Marriage License - post 9/11 - name change rules being enforced

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Posted by MJDoc12

Name change rules are so stiff now. You have to file a motion in your local NYS family court, and legally change your name. I've done a few of these for some of my immigration clients, and it's a pain in the booty.

You have to file the proper documentation, and pay and index fee of $255 (i think, I'm not 100% that's the exact amount), receive a court date, and then get the judge to approve the name change. After that happens, you MUST (i stress the MUST) place a legal notice in the newspaper that the judge selects within a select period of time, and after you prove this, they will allow you to legally change your name.

Here's the link to the NYS Court System Name Change Page:
NYS Family Court Name Change Requirements

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These rules actually don't apply when a woman gets married.

Re: Marriage License - post 9/11 - name change rules being enforced

Re: Marriage License - post 9/11 - name change rules being enforced

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Posted by curliegirl

Oh that stinks, I wanted to be Mrs. Maiden Married no Hyphen too!!!

As you can tell I'm a little late on the name change thing!

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I did this...on the license I didn't change it and then I changed it at SS and my other documents, not a problem.