03/24/12, 9:09 am
When my wife and I got married 10 years ago, she did not want to change her name for professional reasons. Now, those reasons do not exist and we've talked about her changing her last name to take mine. Since it has been so long, what is the process we need to follow? I've read that we (she) would need to go in front of a judge and give reasons? We'd prefer not to do that and just file paperwork if possible. Any advise?
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United States   |   Texas  |  Family Law Divorce Child Custody and Adoption
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Sarahjane "SJ" Davidson Swanson Says:

Apr 04,2012 8:13 PM

Sorry, but you can't just "file paperwork" somewhere and make it happen. A name change not associated with an active divorce case or associated with a marriage would need to be handled through a suit for change of name, which is an actual lawsuit (although not adverse, obviously) under the Family Code, and yes, she would have to file an application, get fingerprints, and then appear and testify in front of the assigned judge regarding the reasons she wants the name change. Based on what you posted, there shouldn't be any problems (not doing it for an illegal reason, like trying to avoid creditors, etc.). The filing fees are about $300 just to the court. I would suggest your wife hire an attorney to assist with this matter - even though it's non-contested, there are rules of court procedure that most laymen are not familiar with.

Sarahjane "SJ" Davidson Swanson
Swanson Law Firm, PLLC
5151 San Felipe St Ste 1950,Houston, TX 77056

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