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March 11, 2009

Changing Your Last Name Upon Marriage Under Oregon Law


The Oregon Statutes specifically provide that both the husband and wife may change their surname to that of the other party. If the party seeks to utilize the other party’s surname, he or she is also permitted to utilize their pre-marital surname as their middle name. This is permitted without filing a formal name change petition, as would be required in other situations where a name change is sought.

The relevant statutory section is § 106.220, and it states as follows:

106.220 Surname upon entering into marriage.
  1. Upon entering into marriage, either party may retain the party's surname prior to the marriage or change the party's surname to the surname of the other party or to a hyphenated combination of the surnames of both parties. If a party requests a surname change under this section, that party may also change the party's middle name to the party's surname prior to the marriage. Each party must indicate on the application, license and record of marriage the party's name after marriage.
  2. The name of each party after marriage as indicated on the application, license and record of marriage shall become the sole legal name of each party after marriage. If a party indicates a name change other than as described in subsection (1) of this section, the party shall request approval of the court pursuant to ORS 33.410.
If you are in the process of getting married, or were recently married, you face the challenge of advising various state and federal governmental agencies of your new name. Our Oregon Marital Name Change Notice Kit provides all of the forms that you need, with easy-to-follow instructions. If you know someone who is getting marriage, this forms package is the perfect gift!
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The information provided in this is not legal advice, but general information on legal issues commonly encountered.
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