Legal Question in Family Law in New York

Re: Legal Name After Marriage

NY Civil Rights Law section 65 states the following:

� 65. Optional change of name upon marriage, divorce or annulment

1. Any person may, upon marriage, elect to assume a new name according to the provisions of paragraph (b) of subdivision one of section fifteen of the domestic relations law.

2. Any person may, upon divorce or annulment, elect to resume the use of a former surname according to the provisions of section two hundred forty-a of the domestic relations law.

3. The effect of the name changes accomplished in the manner prescribed in subdivisions one and two of this section shall be as set forth in section sixty-four of this chapter.

4. Nothing in this article shall be construed to abrogate or alter the common law right of every person, whether married or single, to retain his or her name or to assume a new one so long as the new name is used consistently and without intent to defraud.

5. (Added, L 1999) Notwithstanding any inconsistent provision of law, the state shall not impose any fee, charge, surcharge or assessment solely to change the surname contained on a license, permit, registration or other identifying document for a person who, because of a change in marital status, has assumed a new name or reassumes use of a former surname as provided for in this section.

I could find no case law that determines the use of both names. Under subdivision 4, it seems that you have to make a choice. Then again, if you are using the names consistently without intent to defraud, what you want to do may be legal.

Good luck on the marriage.