I am getting married next week and have wanted to change my name but not to his; can it be any name?

Asked 12/22/2009 under Business | 228 View(s) | More Legal Topics

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Norman Gregory Fernandez / Law Offices of Norman Gregory Fernandez Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

Yes, it can be any name. You do not have to use your husband's last name just because you are married to him.

Typically, changing your name after marriage does not require going to court an obtaining an order as long as one spouse is taking the other spouse's name.  In such a situation, the person can just take their marriage license to the DMV and fill out a simple form. They can do the same with the Social Security Administration. However in all other situations, including yours, you'll have to go to court if you want to change your name to a completely new name.

You can pick just about any name that you want except that you can't change your name to the same name as a famous person if you're doing it for fraudulent purposes or to benefit financially, or if it will cast the famous person in a negative light.  Additionally, you usually can't use fictitious names that are protected by copyright (like Harry Potter or R2D2).  And, finally, you can't use racial slurs or fighting words.

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