Common law marriage, often referred to as informal marriage in Texas, is a unique form of marriage recognized by the state. However, when it comes to changing your last name through common law marriage in Texas, there are specific legal considerations to keep in mind.
Common Law Marriage in Texas
In Texas, a common law marriage is recognized when three essential elements are met:
Agreement: Both parties must agree to be married, and this agreement should be public and unequivocal.
Cohabitation: The couple must live together as spouses in the state of Texas.
Holding Out: The individuals must present themselves to others as a married couple.
Changing Your Last Name
Common law marriage itself does not automatically change your last name. If you wish to change your last name in Texas, whether you are in a common law marriage or a formal marriage, you generally need to go through a legal name change process.
Legal Name Change
To change your last name legally in Texas, you need to follow these steps:
Petition: You must file a petition with the district court in your county. This petition typically includes your current name, the desired name change, the reason for the change, and personal information.
Notice: You may be required to publish a notice of your name change in a local newspaper, which is intended to inform the public of your intention to change your name.
Court Hearing: You may need to attend a court hearing to explain the reason for your name change.
Court Order: If the court approves your name change, you will receive a court order specifying your new legal name.
Update Documents: Once you have the court order, you can begin the process of updating your identification, including your driver’s license, Social Security card, and other official documents.
Common Law Marriage and Last Name Change
While common law marriage in Texas grants the legal rights and responsibilities of marriage, it does not inherently change your last name. Therefore, if you wish to adopt your spouse’s last name or make any other name change, you will need to go through the legal name change process as outlined above.
Final Thoughts
Common law marriage in Texas offers many of the same legal benefits and obligations as formal marriage, but it does not automatically result in a last name change. If you desire a name change, whether to take your spouse’s last name or for other reasons, the legal name change process is the appropriate avenue to pursue.
It is essential to understand the specific requirements and steps involved in changing your last name through common law marriage in Texas to ensure a smooth and legally compliant process. Seeking legal counsel or advice from relevant authorities can be valuable in this process.
FAQs about changing your last name in Texas
Can I change my last name through common law marriage in Texas?
Yes, you can change your last name through common law marriage in Texas. However, it’s important to note that the name change is not automatic and must be a mutual decision made by both partners.
What is common law marriage in Texas?
Common law marriage, also known as informal marriage in Texas, is a legal status that recognizes a marriage without a formal ceremony or marriage license. To be considered informally married, both partners must meet specific criteria.
How can I change my last name through common law marriage in Texas?
If you’ve established a common law marriage in Texas and wish to change your last name, you can do so by taking your spouse’s last name or adopting a hyphenated name. This is typically done by requesting the name change through the Social Security Administration and updating your identification and legal documents accordingly.
Do I need a court order for a name change in Texas?
In the context of common law marriage name changes, you usually do not need a court order. A common law marriage, once established, allows you to use your spouse’s last name or a hyphenated name.
Can I use my common law spouse’s last name on official documents like my driver’s license and passport?
Yes, once you’ve established a common law marriage in Texas and wish to change your last name, you can update your identification documents, such as your driver’s license and passport, to reflect your new name. This typically involves presenting your marriage certificate or a notarized declaration of your common law marriage.
Is there a specific process or paperwork for changing your last name in a common law marriage?
The process generally involves using your spouse’s last name or a hyphenated name. You will need to update your Social Security card, driver’s license, and other official documents, following the standard name change process for married individuals.
Can a common law marriage be dissolved without a formal divorce?
Yes, a common law marriage can be dissolved through a divorce process, just like a formal marriage. The dissolution of a common law marriage is subject to the same legal requirements and procedures.
Conclusion
In conclusion, common law marriage in Texas is recognized under specific conditions, but it does not automatically change your last name. For any name change, you should follow the legal name change process established by the state.