Congratulations to everyone who is about to tie the knot! We just love to see you love birds starting the next chapter of your lives! Wedding planning can be all-consuming, from finding the right venue to the perfect dress to getting that awesome DJ and everything else! Yet, wait a minute...what about the legal requirements? How do you go about getting a marriage license and while we are at it - what exactly is a marriage? Then comes the big question – will a woman take her partner’s last name?
To start, marriage is a contract and is an agreement between two partners creating mutual obligations enforceable by law. In order to be a legally enforceable marriage contract, there must be a valid offer and acceptance, consideration, capacity and legality. Sounds like Lesson 1 of a law school contracts class, huh?
Let’s make it simple! First, two partners must agree to get married. In most states, the partners must be of the legal age of 18-years-old; the exception is Mississippi (males:17 and females: 15) and Nebraska (19).
Next, the partners must have “capacity” - be of sound mind and be capable of agreeing to get married.
Then, it is time to apply for a marriage license in the state you plan to get married. Each state can be very different in their requirements.
In New Jersey, for example, where you apply depends on whether both, neither, or one of the partners is a New Jersey resident. If both are residents, they should apply to the municipality where either partner is a resident. If both parties are nonresidents, they apply in the town where they plan to get married. If only one is a resident, they should apply to the municipality where they are a resident. In New Jersey, the application must be signed by both parties and requires their physical appearance, proof of identity, proof of residency by one NJ resident, Social Security number, a witness who is at least 18-years-old, and a $28.00-dollar fee. A license may be applied for up to 6 months in advance. The registrar then requires a minimum of 72 hours to process the license. Once they pick up the license, the soon-to-be-marrieds have up to 30 days to get married before the license expires.
New York has similar requirements; however, in New York, the marriage license is issued immediately, and the marriage ceremony must take place within 24 hours from the time the license is issued! The 24-hour waiting period may be waived by a judge or justice of the Supreme Court of New York State or the county judge in which either party to be married resides.
Now for the big decision! What name do you put on your marriage license? Traditionally, many women changed their last names to match their husband’s names. Historically, this was because men became the owners of their wives’ property upon marriage, with some exceptions.
This has not been the case for many decades, yet many women continue the practice of taking their husband’s name. Why do so many western women still adopt their husbands’ names? There are many reasons from: preserving patriarchal traditions, symbolizing unity and commitment, or passing the husbands’ name onto the children. Some choose to do it simply because they believe it is romantic!
Yet, there are legal ramifications of changing your name. Whether it is because of marriage, divorce or court order, legally changing your name entails changing your name on your Social Security card, driver’s license, U.S. Passport, bank accounts, credit cards, paychecks and W-2s, all insurances, retirement accounts, investment accounts, voter registration, wills and other legal contracts, utility companies, personal email address and notifying your employer, friends, and family. Not only can this get costly, but it can also be time-consuming and frustrating. Most of the tasks above can be done online, however not all!
Where do you start? Start by changing your name with Social Security. First, you will have to fill out and print out the application for a Social Security card. Then, you will have to forego your U.S. Passport, birth certificate and if applicable, divorce decree and mail these documents along with the application to your local Social Security office. During Covid, this can take up to 7-8 weeks, a long time to be without these crucial documents.
Next, change your name on your U.S. Passport. We all know that passports are expensive, especially when you need them expedited! Along with the application (Form DS-82), mail your most recent U.S. Passport, provide a photo, and your original name change documents.
Next, reflect your name change in your Last Will and Testament or other crucial estate planning documents. For a will, this will require time and money as the will would have to be revised to reflect the name change and be executed again! This requires, in most states, a preparation of a new will by an attorney that must be signed and acknowledged by the testator in front of two witnesses who also must sign the will within a “reasonable time.”
While you are at it, remember to request that others that may have named you in their wills or trusts change your name too to avoid difficulties down the road.
Lastly, when it comes to your investment accounts, changing your name may require you to go in person to your financial institution and get a Medallion Signature Guarantee. What is this? Well, if you hold securities in a physical certificate form and want to either sell or transfer them, you will need to sign the certificates and securities powers and get your signature guaranteed on all documents.
Yes, changing your name has a lot of implications, however, whether your headed to the altar or just newly engaged, remember marriage is not only a contract but also a commitment to each other! Congratulations to all our brides and to the official kick-off to the wedding season!
This article is for informational purposes only and is not offered as legal advice as to any particular matter in any particular jurisdiction. No one should rely or otherwise act on the basis of these materials without consulting an attorney as to the particular facts and applicable law involved.