Friday, November 13, 2009

The Difficulty & Expense of Changing Your Name After Marriage When You’re Gay

While changing a name after marriage can often be a struggle for heterosexual women and men, it’s a lot harder if you’re gay.
Jennifer Saranow Schultz writes:
Couples who live in states that don’t allow or recognize same-sex marriage or its equivalents (civil unions, for instance) generally can’t just rely on a marriage certificate as proof of a name change and instead have to go through the in-court name change process. This means they will have to pay a $100 to $400 fee to file a petition at court, publish a notice in a local newspaper and get a court order officially changing their name and that they can use to change everything else (just one more area where being gay can cost you more).

Even more, couples who live in states that do allow or recognize same-sex marriage and civil unions often in practice don’t have it that much easier. While changing a name on a driver’s license can be done without a problem in such states, changing federal documentation can be trickier.

Since the federal government doesn’t recognize the right to same-sex marriage, even if you get married in a state that allows it, whether you can get the name change processed by Social Security or the passport office merely with the marriage certificate and required forms currently tends “to be hit and miss,” said Emily Doskow, an attorney in California who specializes in same-sex and transgender family issues and writes about marriage and divorce issues for the legal information publisher Nolo. READ MORE