Taking a New Shared Surname After Marriage
Two people choosing one new name — a blend, a family name from further back, something new — is the one marriage name change that sometimes needs a court. Whether it does depends entirely on what your state lets you write on the marriage license.
Two routes
Route 1: the license. In states with name-equality laws, the marriage license application has a field for each spouse's name after marriage, and the choices are broad: either surname, a hyphenation, a combination, or a completely new surname. California, New York, Georgia, Hawaii, Iowa, Massachusetts and North Dakota are the usual examples; check your county clerk's application form. If the new name is written there, the certificate authorizes it for both of you and the ordinary four-step sequence applies.
Route 2: the court. Everywhere else, the certificate only supports the two existing surnames and their combinations. A new shared surname means each spouse files an adult name-change petition — two filings, two fees — after the wedding. See the court cost by state and the state guides for Florida, Michigan, Indiana, Tennessee, Oklahoma and Nevada.
A cheaper hybrid
If one spouse's existing surname is acceptable as the shared name, the other takes it by certificate — free. If the new name is a combination of the two surnames, most states accept a hyphenated version by certificate. Only a truly new name forces both of you into court, and even then some couples have one spouse petition first and the other take that name by a later marriage-certificate route (which doesn't work — the certificate is already issued — so both petition).
After the order
Once you have the court orders (or the certificate with the new name), the sequence is unchanged: Social Security, then licenses, then passports, then everyone else. Keep certified copies of everything, because REAL ID offices ask for the whole chain from birth certificate to current name.
Skip the forms — get them filled in 10 minutes
The Name Change Plan Packet (free — your email is the only thing we ask for) asks you the questions once, then generates your completed official forms — SS-5, the right passport form — plus notification letters for your banks and employer, and your state's exact instructions. Built entirely in your browser: your details never touch our servers.
Get the free packet →Common questions
Can we both take a new last name without going to court?
Only in states whose marriage license lets each spouse declare a new surname. Elsewhere, a name that isn't one of the two existing surnames (or a hyphenation) requires a court petition from each spouse.
How much does it cost through the court?
Two filing fees, typically $100–$450 each depending on the state, plus publication where required. Compare in the cost guide.
Can we file one petition together?
Usually not — petitions are per person — but many courts will schedule both at the same hearing if you ask when filing.
Does a new shared surname affect our children?
Not automatically. A child's name change is a separate process that needs both parents' consent or a court order.