Legal Question in Family Law in Maryland
Man takes wife's name in marriage
In general, what is the law about name changes in marriage--mainly in Maryland but also in Virginia and DC? Specifically, can a man assume the family name of his wife? Can they make up a new name or use any combination of both names? For any change due to marriage, do forms need to be filed?
2 Answers from Attorneys
Re: Man takes wife's name in marriage
I am a Maryland attorney so I cannot speak as to the law in other states.
In Maryland there is a process to pursue a name change. Publication is required and anyone who wants to raise issue may do so.
Maryland has passed the ERA so a man can take his wife's name if he were to choose so. I imagine that this may entail a change of name proceeding inasmuch that this is not the societal expectation. Complying with formal name change proceedings may be a good course of action.
Where a name change is sought to avoid creditors or otherwise avoid legal obligations, the court will be not grant the request.
Re: Man takes wife's name in marriage
You can choose any name but if it's a "new" name you would have to petition the court to approve it.