Name Change After Marriage in Texas: How to Change Your Last Name

Are you getting married and interested in changing your last name? In this article, we’re going to look at everything you need to know about a name change after marriage in Texas.

The short story is that you can change your name as a part of the marriage process fairly simply. However, you can only select certain types of names– you can’t use this as an opportunity to pick an entirely new last name.

For anything more complicated than taking your spouse’s name or combining your last names through hyphenation, you’ll need to get a court order.

How to Do a Name Change After Marriage in Texas

If you’re getting married, you don’t have to apply for a court order to change your name. According to the Texas State Law Library, most organizations will accept your marriage license as a legally valid proof of your new name, even if your old name listed on the license.

While changing your name is fairly easy in Texas when you’re getting married, there are only certain types of names you can choose as a part of marriage. Name changes on Texas IDs such as driver’s licenses are governed by Texas Administrative Code (TAC) Title 37, Rule 15.23.

If you’re getting married, you don’t need a court order to change your name so long as you are:

• Changing your name to the same last name as your spouse
• Changing your name to the same last name as your spouse and your middle name to your maiden name
• Hyphenating your name by adding your spouse’s last name

If you want to get a different last name or change your first name, you’re likely going to need to get a court order for the switch. For example, you’ll need a court order if you want to do any of the following:

• Choose an entirely brand new last name
• Change your last name to a family name that isn’t the same as your spouse’s
• Change your last name to a merged name that is a combination of both spouses’ surnames

How to Order Certified Copies of Your Marriage License

If you need to get certified copies of your marriage license, you will need to contact the county clerk's office where you initially filed your license.

• You can find the contact information for courts, district clerks, judges, and more through the Texas Judicial Directory (Texas Office of Court Administration).

Changing Your Name After Informal (Common Law) Marriage

There aren’t any laws on the books in Texas that specifically address changing your name after an informal marriage.

• If you want to change your name, you’ll need to provide a marriage verification letter or a marriage license. You can receive a marriage verification letter from the Texas Department of State Health Services (DSHS).

Other Questions About Changing Your Name in Texas

Changing your name isn’t always the most straightforward process. Here are some other frequently asked questions about making alterations to your first, middle, or last name in Texas, as well as your children’s names.

Can I Change My Name During Divorce in Texas?

If you’re getting divorced, you can take this opportunity to restore your maiden name.

At the same time, it’s important to understand that this isn’t something that happens automatically. If you get divorced, your last name doesn’t switch back to your maiden name without any action on your part.

Instead, you’ll need to request or agree to change your name as a part of your divorce answer, waiver, or petition. Through this process, you won’t have the option to pick a new last name. Instead, you can only revert to your previous last name.

You will be able to use a copy of the divorce decree to prove that you have reverted back to your maiden name, as it will list your restored name right on the document. Once you have this in hand, you can go about changing your name on all of your other official IDs and accounts.

Can I Change My Name If I’m Not Getting a Divorce?

Yes, you can change your name even if you’re not getting divorced but are already married or are single.

If you’re just trying to make small changes to your middle name or your first name, you’ll need to obtain your marriage license and apply through the Texas Bureau of Vital Statistics. If you’re interested in changing your last name, however, you’ll need to pursue a court order.

You’ll need to be at least 18 to file a petition for a name change in Texas. Other requirements include:

• Attaching a card with your fingerprints to your name change petition
• Paying a filing fee
• Giving a lawful reason for your name change that is “in the public interest.”

Regarding this last qualification, it might seem a little strange to hear that your name change needs to be in the public interest. What this refers to, however, is an example, such as changing your name in order to avoid creditors. In that instance, you wouldn’t qualify for a name change.

What Are the Steps to Changing My Name If I’m Not Getting Married or Divorced?

If you aren’t getting divorced or married, or you’re interested in changing your last name to something other than your maiden name or your spouse’s name, you’ll need to file a petition with the court.

Here are the steps one by one:

1. Prepare the document entitled Petition to Change Name of an Adult.
2. Find a location in Texas where you can get fingerprinted in order to receive a fingerprint card through the Texas Department of Public Safety (DPS) through this website: www.ibtfingerprint.com/locations.
3. File the petition after attaching the fingerprint card and including the filing fee. This is usually about $200 but does vary between counties. You might be able to have the filing fee waived if you aren’t able to afford this through a Statement of Inability to Afford Court Cases.
4. Show up to a hearing in front of a judge and provide testimony about the reasons behind your desire to change your name.
5. If and when the judge grants you the name change, get a Change of Name certificate from the clerk’s office a (certified) copy of the court order to serve as evidence of your name change.
6. Tell all of the appropriate agencies, such as the Bureau of Vital Statistics, Social Security Administration, and the Texas Department of Public Safety, that you’ve changed your name. Again, these organizations won’t be informed automatically about your name change.

Are You Allowed to Change Your Name If You’ve Been Convicted of a Crime?

You are able to change your name if you’ve been convicted of a crime. However, you’ll need to fulfill more qualifications than someone who hasn’t been convicted of a crime.

• In order to change your name and you’re a registered sex offender, you’ll need to attach additional documentation to your petition, namely a completed sex offender registration update.
• If you have offenses more severe than a Class C misdemeanor, you’ll need to make sure you list all of these in your petition. Furthermore, you’ll have to include the court of each offense along with the case number.

For felons, there are additional requirements. These include:

• You can change your name if it’s been at least two years since you received your discharge certificate from the TDCJ
• You can change your name if you were pardoned
• You can change your name if it’s been at least two years since you were discharged or released from probation

Can I Change My Kids’ Last Names?

You need to contact the Texas Bureau of Vital Statistics to make small changes to your child's first or middle name. However, court orders are required to change a child’s last name.

Here are some things you’ll need to know if you want to change your kids’ last names:

• Unless a part of a paternity or adoption proceeding, a separate suit will have to be filed. You can’t request a child's name change during a modification or divorce suit.
• Parental rights and duties, visitation, child support, and custody aren’t altered if a name change is granted. Changing a name legally also doesn’t qualify as legal adoption.
• The child’s parent (so long as their rights haven’t been terminated) must be given legal notice of the petition. Alternatively, their guardian or managing conservator must be given legal notice.
• The name change needs to be seen by the court as being in the child’s best interest.
• If a child is ten or older, they must give their written consent to the name change.

Navigating the Family Courts in Texas

If you’re getting married in Texas, you can change your name as a part of the process if you choose your spouse’s last name or hyphenate your two last names. Additionally, you can change your middle name to your maiden name at the same time you adopt your spouse’s last name.

For anything more complicated than that, you’re going to need a court order. Similarly, you’ll need a court order to change your kids’ last names.

Looking for help navigating the family courts in Texas? Make sure you check out our Texas Divorce Laws blog for more articles and resources!

Related posts:

Texas Name Change After a Divorce: How to Do It Is Gay Marriage Legal in Texas? What Is a “Common Law” Marriage in Texas? What Is a Dissolution of Marriage in Texas? Informal Marriage in Texas: What is It? What Is a Post-Marital Agreement in Texas?