Legal Question in Family Law in California

Name Chnage for Bride AND Groom

My husband and I just got married and both want to change our last name to a completely new last name. We do not want to use legal proceeding to change out name as it cost money ($200-300 each in court filing fees). Although we found an CA attorney general opinion (#00-205) from the year 2000 stating that a court name change does not replace the common law right to change your name and that a common law name chaneg is considered legal, the DMV, a State agency, wants ''legal'' paperwork to change our name. It is stated on their web page: http://www.dmv.ca.gov/dl/dl_info.htm#2504 So we have a common law right to change our name without legal paperwork but the requirements of the DMV seem to obstruct that right. Bringing our marriage license (one of the acceptable legal documents) won't work because out new last name isn't on it anywhere. In addition, it seems like sexual discrimation that if I want to change my last name to my husbands, a marriage license suffices a proof but if I want a new last name due to the act of getting maried, the marriage license doesn't suffice. Are our rights being violated according to either of these arguements? Thank you for your help! Dr. S


Asked on 7/25/02, 3:10 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Name Chnage for Bride AND Groom

there are two ways to change a name: 1 through the courts, 2 through the State of California (I forget the name of the state agency--the State Register or something like that) both cost money, and yes it is "legal" for the State and courts to charge you reasonable filing fees. And I got news for you: you will also incur newspaper publication fees and other costs (which will cost you severl more hundereds of dollars). Also, the process is a little more complicated than you may think. Is this constitutional? Who knows, if you got the $100k it will cost to take this case through the Federal appeals court system I will be happy to help you. Welcome to America, the land of capitalism.

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Answered on 7/27/02, 2:52 pm


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