The California Name Equality Act of 2007 addresses name change rights in relation to marriage. The Act grants the parties to a marriage the right to choose the name that each party will bear after the marriage. This is generally indicated through the marriage license issued in connection with the marriage ceremony.
A husband is allowed to adopt the last name of their new wife, and a wife is allowed to adopt the last name of their husband. This law eliminates the need for a separate name change proceeding for unconventional name changes at the time of a person’s marriage.
Subsequent California legislation now allows such changes to also be reflected on the person’s driver’s license and other identifying documents.
When Does the California Name Equality Act Apply?
The Name Equality Act of 2007 applies only to marriage licenses issued and marriages performed on or after January 1, 2009. Marriages that were performed prior to this date are not subject to the California Name Equality Act. A couple who were married prior to January 1, 2009 would have to go through the procedure for a name change in order to change their name.
What Is the Procedure for a Name Change in California?
A person who wants to change their name has to file the form called “Petition for a Change of Name” including an “Attachment to Petition for Change of Name.” The documents should be filed in the Superior Court of the county in which the person lives. In addition to the “Petition,” a person must complete the following forms and include them in their filing:
- Order to Show Cause for a Change of Name, or if applicable, the Order to Show Cause for a Change of Name to Conform to Gender Identity;
- Civil Case Cover Sheet.
Some courts also require a person to fill out local forms to request a name change. A local form might seek criminal background information, such as whether the person has ever been convicted of a crime. In some counties, the forms may be available on the court’s website. Or, a person can ask the clerk of the court for any local forms that need to be included in the petition.
In most cases, after the forms are filed with the court and a judge has signed the Order to Show Cause, the Order must be published in a newspaper of general circulation once a week for 4 consecutive weeks.
The newspaper will charge for this service. A person should identify the newspaper in which they intend to publish the Order before filing it with the Court. The newspaper must be identified on the Order to Show Cause and it cannot be changed after a judge has signed it.
The Order to Show Cause does not have to be published in cases in which a person has a legal right to keep their name change confidential. Examples of such cases are gender identity cases, State Witness Program cases, domestic violence cases and cases involving a victim of sexual assault.
After publication, a person needs to file proof that the Order to Show Cause was published along with a Decree Changing Name for the judge to sign. If no one objects to the person’s request to change their name, the judge may sign the Decree without a court hearing. A person should check with the court to find out if a hearing has been required and if it has, then attend the hearing.
When a judge signs the Decree, a person can obtain a certified copy from the Clerk of the Court and use it to change their name on all of their legal documents, such as their Social Security card, passport, birth certificate and driver’s license.
Informally, a person needs to start using their new name and tell friends and family members to use their new name.
What if I Seek to Have a Name Change in Other States?
The law regarding name changes varies from state to state. In most states, a person can change their name without a court procedure simply by using their new name. It is important to find out what the law regarding name changes is in the state where a person resides.
If a person changes their name through use, they will not be able to change their name on government-issued documents, such as a Social Security card, passport or driver’s license without legal court documents that authorize a name change. If a person wants to change government-issued documents, then they will have to go through a legal process to effect the change.
The legal process in most states resembles the process in California; it involves petitioning the court, publishing an Order to Show Cause and then obtaining a certified copy of an Order signed by a judge.
A person should also put their name change into effect with the following entities:
- Schools;
- Employers;
- The Post Office;
- Banks where the person does business;
- The telephone company and other utilities that service the person’s residence
- Other government agencies or businesses with which the person interacts.
Do I Need a Lawyer for Help With the California Name Equality Act?
The Name Equality Act is a very specific law pertaining to name changes and marriage. Courts in California have many resources available at their website. You can, however, have an experienced California family lawyer represent you in a name change proceeding, if you do not have the time to handle the process yourself or anticipate difficulty for some reason.
As with any technical legal proceeding, an experienced California family lawyer is familiar with the process and can ensure that it runs smoothly and there are no delays or other issues.
