Effective January 1, 2009 New State Law Governing Married Name Changes
Once traditionally and exclusively governed by common law, the naming conventions for married couples have changed.
The new state law establishes:
What can be considered a legal married name;
The point in time when a married legal name must be declared; and
The process for changing married legal names thereafter.
Pursuant to The Name Equality Act of 2007 (AB 102, Chapter 567), couples are required to select their married names at the time they apply for and purchase their marriage license. Whatever new names are listed on the marriage license are the legal names that each spouse will go by after they marry.
Changing a name after the license is issued and before the couple marries will require the purchase of a new license.
Changing a name after the marriage is solemnized will require the couple go to court to get a name change (a lengthy and expensive process).
The marriage certificate is used by multiple local, state, federal and private agencies, all of whom have different rules and regulations regarding what documents are acceptable to change a name on their records following a marriage. Couples may want to contact these agencies to verify their requirements prior to applying for their marriage license.
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