When a Couple Marries, is One Spouse Required to Take the Other's Surname?
By law, women are entitled to their maiden name. Generally, taking a
husband's surname is a custom and not a statutory requirement. Some
states have statutory authority regarding name change upon marriage. In
those states, a married person may use her birth-surname, the spouse's
surname or a combination of the two names (generally hyphenated).
However, there are still a few other states that have statutes to the
contrary; upon marriage, a wife takes her husbands surname. Although,
even in states where the wife is assumed to take her husband's surname,
professional use of a woman's maiden name has been a longstanding use.
At common law, a man or a woman may change his or her name if it is not for a fraudulent purpose. Therefore, either would be able to adopt another name in a state that recognizes common law without a legal proceeding. However, most states have statutes that detail the procedures to legally change ones name. By following the state laws regarding name change, an individual will be able to change his or her name at common law and their legal identity.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Contact Amori and Associates, LLC at (570) 421-1406 for a no obligation consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Contact Amori and Associates, LLC at (570) 421-1406 for a no obligation consultation.
513 Sarah Street, Stroudsburg, PA 18360
(570)421-1406-Tel.
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