What's In a Name?
My wife and I were married in Phoenix, AZ in April 2005. Just yesterday, I legally changed our last name. Unfortunately, the Marriage License section of the Court House will NOT change our new last name on our Marriage license. They say it has to stay that way because we were married with that name. They also will not give us anything so she can get her our new last name. They say she has to get a Legal name change herself, which I think is just plain stupid--they want to put more money in their pockets for themselves! What do we do? Should we get a Divorce and then remarry? Should we just get another New Marriage License and get married again? Any ideas?
A couple of things. First of all, I don't think it is silly at all that they won't retroactively change a legal document that was issued three years ago. That became her legal name when she agreed to that change in 2005, and it has been her legal name since. They can't go back in time. Why not? She may have entered into contracts between 2005 and now, and changing her name doesn't alter any of those binding agreements.
When you write "I legally changed our last name" it sounds like you legally changed YOUR last name. Because it is not automatic, even at the initial marriage, that a woman take on a man's last name, there is a procedure whereby she can get a new name to match yours. By the way, there is also a process for changing an entire family's name, but I'm not sure if children were involved here, and since you've already changed yours, that ship has apparently sailed. So now that you have the name you want, she can get one, too. Here is how the process works. I guess it takes a few weeks to get a hearing scheduled. The application fee is $286. You don't need an attorney to do it. The Self-Service Center of the Maricopa County Superior Court is where you should start. Name changes are under the category "Civil Cases."
There is no legal reason that you need a Marriage License reflecting your new names. Although there are some situations where producing a marriage license may be required, the original marriage license, together with the legally certified name change documents after they are executed by a court, comprise the documentation that proves who each of you are and that you are married to each other. I would make certain, however, that you notify all important entities -- banks, loan companies, credit card companies, pension accounts, investment accounts, etc. -- about the name changes. Don't forget about passports and driver licenses. Here's a list. There are documents that probably will need to be forwarded to all those parties for their files.
If the reason you want a new Marriage License is purely personal or sentimental, maybe you could arrange to have an artist or designer create a lasting, original work of art to acknowledge your marital commitment. It would probably be much more meaningful than a court certificate anyway.
Finally, I am not an attorney (nor do I play one on TV). Nothing I've said here is intended to be legal advice. If you'd like to consult with an attorney but you don't know one, you can contact the Maricopa County Bar Association and they will provide a referral.
Comments
The fee for a name change is actually $286.00.
Shoshana is correct. I edited the blog to reflect the correct charge. A listing of fees can be seen here.
the courts DO go back retroactively and change the name of an adopted child, no matter how old they were at the time of the adoption. i was 10 when my mother married Chester-the-Molester, and i’d give anything to have a birth certificate tht shows my name as it was when i was born.
Hi nj,
yes, I’m sure children/adoptions have an entirely different set of rules relative to names changes. Just to clarify, I was only referring to name changes on marriage licenses.