Name Change

[Kythas]

I got married last month in Hawaii and, in the paperwork, my wife is changing her last name to mine, which is normal. Or maybe not these days. I don't know.

Anyway, the law says she must change the information on her CHL within 30 days. But it'll take up to four months for Hawaii to process the paperwork and send the certified marriage certificate which is needed to provide proof of marriage and the name change.

So, she can't change any of her legal documents until we receive the paperwork from the State of Hawaii, but the law says she has to do it within 30 days.

Anyone know what to do in this case?

[RPB]

I got married last month in Hawaii and, in the paperwork, my wife is changing her last name to mine, which is normal. Or maybe not these days. I don't know.

Anyway, the law says she must change the information on her CHL within 30 days. But it'll take up to four months for Hawaii to process the paperwork and send the certified marriage certificate which is needed to provide proof of marriage and the name change.

So, she can't change any of her legal documents until we receive the paperwork from the State of Hawaii, but the law says she has to do it within 30 days.

Anyone know what to do in this case?

is the "we need Hawaii paperwork to change the CHL" an assumption you are making, or someone at the DPS actually said that?

In Texas, no paperwork is needed to BE married.
Two people of opposite gender who
1) live together
2) present themselves as a married husband and wife
and
3) intend to be married
ARE married.
The third requirement may be proved by the first two.

So, if you live together, walk into the DPS and present yourselves as married (as all common-law-marriage spouses could do with no paperwork at all) they should do the name change.
Now if you want "fast" proof of marriage, one could "register" their common law marriage and get a card issued by a County Clerk who issues the marriage licenses ... that Govt Doc should suffice if you just want paperwork ... nothing says you can't marry the same person twice or three times if yo want to renew vows 30 years from now too ... you could have 2 anniversaries if you want ...

seriously though ... did someone at the DPS tell you you need documentation of a marriage to change a name? Lots of married people have no "paperwork"

If you file taxes jointly, there's a good chance that may be acceptable documentation of a marriage ... it shows
Two people (of opposite gender) who
1) live together
2) present themselves as a married husband and wife
and
3) intend to be married
http://www.ncsl.org/issues-research/hum ... riage.aspx" onclick="window.open(this.href);return false;

Texas: calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

I don't know why you can't be both formally and informally married to the same person with no divorce in between ... just do not wear a tuxedo at one, both are valid, you'd just be "more married" than most people are

[Ark03]

in the paperwork, my wife is changing her last name to mine, which is normal. Or maybe not these days. I don't know.

Anyway, the law says she must change the information on her CHL within 30 days. But it'll take up to four months for Hawaii to process the paperwork and send the certified marriage certificate which is needed to provide proof of marriage and the name change.

If I have this straight, you got married last month, applied with the state of Hawaii for the name change, but that won't happen until they process it in up to four months.

The clock won't start on the marriage date or when you mailed the paperwork - it should start when the name change is completed. Unless I'm missing something, the name change won't happen for 4 months, which means the 30 day clock on her CHL name change won't start for another 4 months.

[WildBill]

I got married last month in Hawaii and ...

And nobody congratulated you yet?

[Crossfire]

Congrats, Kythas!

DPS wants documentation on a name change. That's why you can't do it online, like a change of address.

Your lovely bride can't do anything without that paperwork, so I would say you have to wait.

[RPB]

I bet Obama's people could put a PDF of a Hawaiian official document thingy together pretty quickly

[JP171]

I bet Obama's people could put a PDF of a Hawaiian official document thingy together pretty quickly

theyve done that already, and my condolances Kythas

[Kythas]

Thanks, guys. I know you can get common law married, but to actually change your name takes a court order, which is what we're waiting on. So I guess we'll just wait.