Legal Question in Family Law in Illinois
Name change laws upon marriage
I am planning a wedding, and would like to know if in either Illinois or Nevada, there is a law preventing my fiance from taking my last name instead of the other way around. We have a 3 yr old son who carries my last name, and upon marriage, we would like to all have the same last name. So, we would want my fiance to take our last name. Is this possible? We haven't decided if we are getting married in ILLINOIS or LAS VEGAS, so if you could provide information on both states, that would be great.
Thank you for your time and attention.
1 Answer from Attorneys
Re: Name change laws upon marriage
Yes, in either state you may use the name of either spouse or each could retain his or her own surname. It would be necessary for your new husband, though, to notify the state licensing agency, his bank, etc. and show that he was married and adopting his spouse's surname. A more complicated procedure would be to legally change his name through a petition for change of name, but it is not necessary.
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