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.

Requirements for Getting a Marriage License in California

Love We spend a good amount of time here talking about getting divorced in California, so it seems only fair to turn our attention for a few moments to how to get married in California in the first place. In order to get married in California, you must first obtain a marriage license. You do not have to be resident of California to obtain a marriage license, but California has a few unique laws and regulations which will require a few decisions on your part before going to get a license. For example, you may decide that you would like a confidential marriage license. Or, you may decide you would rather a friend or relative perform the marriage ceremony by participating in the Deputy for a Day program.  You will also need to decide what names each of you will use are your married names. Marriage licenses are issued by the Clerk’s office, which will require a picture ID and possibly a certified birth certificate.  You will also need to know the city and state where your parents were born and each of their full names, including your mother’s maiden name. If you were previously married, then you should be prepared to present proof of divorce, death, or annulment when you apply for a marriage license.  If you were granted a divorce within the last 90 days before applying for a marriage license, then you will need to provide a copy of your final divorce decree. These are some of the technical requirements for getting a marriage license.  Of course, we will add that premarital counseling with a qualified family law attorney and perhaps an estate planner are always recommended, especially if you have or expect to have assets you want to protect in the event of a future divorce. At the Law Offices of Judy L. Burger, we will help you determine the best course of action to achieve your goals in your divorce or custody proceedings.  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 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.

Check this List Before You Go to the Chapel

Runaway BrideThere is more to getting married than just showing up at the church.  If you live in California and are thinking about getting married, be sure to check the requirements.  Marriage laws vary by state, so don’t wait until the last minute to make sure you are ready.

California does not have many requirements in order to get married, so this will be a short checklist:
  • Get a marriage license. California requires each couple to make an application and obtain a marriage license. Once issued, the license is good for 90 days.
  • Make sure your marriage license will not expire before the wedding day.  If the license expires before you get married, then you must get another one.
  • Check your fiancé’s date of birth.  He or she must be of legal age of consent, which in California is eighteen, unless parents sign documents consenting to the marriage.  (Which is another matter entirely.)
  • Find an authorized person to conduct the marriage ceremony, along with a witness.  The authorized person to conduct the ceremony may be a judge, county clerk, priest, minister or rabbi of any religious denomination who is at least 18 years old. Active and retired judges can also perform the ceremony, as well as anyone who completes the Deputy for a Day program.
In addition to completing the list above, if you are planning to get married, you should seriously consider premarital counseling with a qualified family law attorney.  You may not be planning on getting divorced, but it makes sense to know what you should expect in the event of a future divorce.  A qualified family law attorney can explain your options and recommend the best course of action for protecting your assets, including drafting a comprehensive prenuptial agreement if needed. 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.