Legal Question in Family Law in Pennsylvania

Re: marriage name change

You asked about making a name change regarding married name immediately after the wedding for Passport purposes.

That's not necessary. When a person is married and chooses to adopt their partner's name the name change is effective when the marriage certificate is filed with an official. In some states that is immediate, in PA it is after the marriage is solemnized and the officiant (priest, rabbi, medicine man...) returns the signed certificate to the local prothonotary. In a self-uniting marriage the marriage is solemnized and complete when the certificate is filed with the prothonotary unless a later date is specified.

In most cases a person must make the necessary changes in a reasonable amount of time rather than immediate. I am unaware of any PA prosecutions for delay to make a name change outside of blatant attempts at fraud.

In this particular case, you should have the name changed before using the Passport but there will be no harm and no hold-up at the airport as long as all your other ID is still in your maiden name. Make all the necessary changes within a few days of each other.

Now that you are about to be married it is time to think about preparing or updating your family estate plans. I know, morbid thought, but it needs to be done and right after marriage is a key time to deal with these issues.

Have a great wedding and a happy honeymoon. When you return contact me to go over your estate plans.

Regards and best wishes,

Roger Traversa

email: [email protected]

phone: 215.279.8940