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Bachelor name? - 5/19/2010 10:40:04 PM

DefiantSpankalot

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A few years ago, a man filed and won a discrimination lawsuit in California over taking his wife's last name. Apparently, he learned that while his wife could easily take his last name, he would have to through the court to have his name changed. We are planning to marry sometime this year. Since Sir's father left his mother before he was born and he has no contact with his father or his father's family, we have decided that he take my last name. Does anyone know if the winning of that lawsuit has affected other US states? We live in Kansas. I looked online and found one article that said only 7 states allow the husband to take his wife's last name and Kansas wasn't one of them. But that article was several years old.

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RE: Bachelor name? - 5/19/2010 10:43:46 PM

laurell3

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Ask the clerk's office where you get your marriage certificate. If they say no, ask an attorney in your area that has a notable family practice.

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RE: Bachelor name? - 5/19/2010 10:57:43 PM

DefiantSpankalot

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I asked our local courthouse. They didn't think there would be a problem but I'm still concerned. Here's why. When I married my ex husband years ago, I took his last name (maiden name restored in divorce). The change required going to the social security office and the driver's license department. There have been changes since then. Now a paper license is issued until the actual license is mailed from the capitol city. I'm concerned about running into a situation where one official says yes and another says no. I can't understand why I'm not finding any current articles about the effect of that CA lawsuit on other states.

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RE: Bachelor name? - 5/19/2010 11:05:23 PM

laurell3

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Well that's not unusual. You see caselaw has precedental value for only the jurisdictions it controls. If it's a state case, it will have NO precedental value in any other state. You need to look for law in your own state, however, what you find in writing may not necessarily be what the officials follow (odd yeah I know)....your best bet is to call the capitol city and get THEM to cite you the law they USE in making determinations and ask them if you can do this in your state. I'm going to lay high odds they have someone that does that or someone that can answer your questions or lead you to someone that can.

< Message edited by laurell3 -- 5/19/2010 11:06:33 PM >

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RE: Bachelor name? - 5/20/2010 6:16:36 AM

tazzygirl

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Why not just go to California to get married?

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RE: Bachelor name? - 5/20/2010 6:26:19 AM

rulemylife

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Name Change Forms - How to Change Your Name Legally - State Specific

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RE: Bachelor name? - 5/20/2010 7:05:56 AM

pahunkboy

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quote:

ORIGINAL: tazzygirl

Why not just go to California to get married?

I thought you would never ask! hehe.

To the OP,

you could simply keep your name on you- then change his name later. what you are asking is if this is a 1 step or 2 step process.

Speaking only for me- I would never give up my name- but then I had a happy home... so maybe that is why.

in 2010 paper work errors are not very pleasant. I mean it can get very sticky. I am hearing- an initial rather then middle name causes problems. Thinking on it CA lists the names applicant 1 and 2- so maybe that would work.

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