Marriage

Can a Man Legally Adopt His Wife’s Last Name When Marrying in California?

EngagementIn California, our state allows both men and women to change their last names when they get married if one or both of them choose to do so.  California is one of only nine states that officially has this equal opportunity law on the books. A recent incident in Florida brought to light the lingering gender discrimination in other parts of the country.  According to news reports, a Florida man was accused of fraud by the state Department of Motor Vehicles after he adopted his wife’s last name following their 2011 marriage. Lazaro Dinh decided to take his wife’s last name rather than vice versa. Lazaro said he had no emotional ties to his last name and he wanted to help his wife’s Vietnamese family perpetuate their surname. After the wedding, Lazaro followed the usual steps to obtain a new passport and Social Security card.  He also changed his bank accounts and credit cards before attempting to obtain a new driver’s license. Lazaro then applied for a new driver’s license the same way female Floridians do when changing their name after marriage.  The Florida DMV issued Lazaro a new license and he went on with life. More than a year later, Lazaro received a letter from Florida’s DMV informing him that his license had been suspended due to an accusation of “obtaining a driving license by fraud”. He first thought it must be a mistake, but when he called the DMV office in Tallahassee he was told that in order to legally change his name he must do so through a court, a process that takes several months and over $400 in filing fees. When Lazaro explained that his name change was the result of a marriage he was told the rule only applied to women. Luckily for Lazaro, the Florida DMV decided not to pursue fraud charges at roughly the same time the news hit the internet. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings.  Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
California Divorce, Marriage

What’s In a Name? And Whose Will it Be?

1040 Form

If you decide to change your name when you get married, you will need to submit a series of forms notifying several different institutions and government bodies of your name change. The first one to tackle should be the Social Security Administration for tax purposes and retirement benefits. Notifying the Social Security Administration of your name change serves dual purposes. Within 10 days of notifying the Social Security Administration, they will automatically notify the IRS of your new name. Failure to alert Social Security could likely end up causing the IRS to reject your tax return, since your new name on your tax forms will not match Social Security records. The next agency to notify is your state’s DMV office to obtain a new driver’s license. While you’re there, ask for a form to get your vehicle’s registration changed to reflect your new name. Once you have a new driver’s license, you will need to alert your employer of your new name so that your next paycheck will have the correct name on it.  Depending on where you bank, it might be a little difficult to cash a check with someone else’s name on it. Finally, you should alert your creditors so that your creditor accounts can be transitioned to reflect your new name.  Otherwise, your good credit history with your old name could disappear. At the Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings.  Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form
Annulment, California Divorce

Will You Change Your Name When You Get Married or Divorced?

Engagement As a rule, this question is not the first thing people think of when considering marriage or divorce, but it is a big decision with many benefits or consequences.  Besides the social issues, a name change may present logistical challenges that must be overcome carefully and thoughtfully. Traditionally, a wife changed her last name to her husband’s last name, and that is still the most common choice.  Other options exist, including one or both spouses hyphenating their last names to form a new last name. If you decide to change your name at the beginning or end of a marriage, one of the most important entities that must be satisfied is the Social Security Administration (SSA).  Expect headaches come tax time if the name on your tax returns differs from the information maintained by the SSA.  To notify the SSA, file a form SS-5, Application for a Social Security Card and submit it with the necessary attachments.  Take care to completely fill out the correct forms and include the proper supporting documents. If you are changing your name pursuant to a marriage, the SSA will require an original or certified copy of your marriage certificate.  You can probably get this document from the county clerk in the county where you got married. If you are changing your name due to a divorce, the SSA requires an original or certified copy of your final divorce decree.  You should keep a couple of certified copies on hand, especially if you have children, because it’s practically inevitable that you will need a certified copy at some point.  The clerk of court in the county where you were divorced will make certified copies for a nominal fee. One important note is to be sure to notify your attorney before your divorce is final if you wish to change your name after the divorce.  Your attorney should then ensure that the necessary language is included in the final decree to facilitate your post-divorce name change. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims.  Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a spouse facing divorce, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.