Posted by Linda Juenger on 1/14/10 7:09pm
Msg #318041
Question on LA (Louisiana) law
Does LA require a woman to take on her husbands name when she marries?
| Reply by John Schenk on 1/14/10 9:17pm
Msg #318052
Doing a quick search it looks like she has to make application to change her last name to the husband's last name. Louisiana is French common law.
"Laws respecting married names vary. In areas whose legal systems derive from the English common lawThis article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). The common-law legal system forms a major part of the law of many c—such as the USA, much of CanadaCanada historically the Dominion of Canada is the second-largest, and northernmost, country in the world. It is a decentralized federation of 10 provinces and 3 territories, governed as a constitutional monarchy, and formed in 1867 through an act of Confe, and the UK—a name change usually does not require legal action, because a person can choose to be known by any name (except with intent to defraud); this is why authors, actors, and step-children, as well as married women, can adopt new names without taking any legal action. In many jurisdictions whose legal systems derive from the civil law—such as France, Spain, the province of Quebec, and the state of Louisiana—however, the default position is for a woman's "legal name" to remain the same throughout life: Women there who wish to change their names legally must usually apply to do so via the same formal procedure as any other citizen who wishes to change a name. "
http://www.economicexpert.com/a/Maiden:name.htm
Just a real quick answer with no in depth research.
JJ
| Reply by jba/fl on 1/14/10 9:25pm
Msg #318054
http://www.progressive.org/mag/archives/blafollette0127
| Reply by John Schenk on 1/14/10 9:31pm
Msg #318057
Louisiana is under French Common Law. The laws are different than any state in the U.S., other than those adopted under the Uniform Commercial Code. Legally, it's a different world there. I learned a real bad lesson there about 15 years ago that I will never forget. Not saying it's a bad legal system, but it's totally different than the rest of the U.S., and that IS a fact.
JJ
| Reply by John Schenk on 1/14/10 9:26pm
Msg #318055
Another little blurb here:
12) If a person changes their name, can they have their new name reflected on their voter registration records by filling out a voter registration form?
A voter who has changed his or her name in court must file either a copy of the judgment resulting in the name change or an affidavit setting forth the details of the judgment with the registrar or someone certified to process voter applications.
Married, widowed and divorced women may be registered by their maiden name, their husband’s name or a hyphenated combination.
However, Louisiana code also provides that changing one’s name on a driver’s license or notifying the Department of Public Safety and Corrections of the change shall serve as notice that the voter is changing his/her information for voting purposes.
http://www.nationalcampaignforfairelections.org/page/-/Election%20Protection/Voter%20Registration/Long/LA%20reg%20guide%20FINAL.pdf
According to this voter registration link, she can register however she wants. Again not an exhaustive briefing, but I'd say the answer is NO, she doesn't have to take on the husband's name.
JJ
| Reply by jba/fl on 1/14/10 9:42pm
Msg #318059
Since John brought up French law:
Changes of names
Contrary to popular belief, and also contrary to the practice of some other countries, French women do not legally change names when they marry. However, it is customary that they take their husband's name as a "usage name". This is not a legal obligation and not all women decide to do so. However, if they do, they may retain the use of this name, depending on circumstances, even after a divorce. In some cases, the wife, or even both spouses, choose to adopt a double-barreled surname made from joining the surnames of both partners. Thus, both partners' surnames coexist with whatever usage name they choose.
From: http://en.wikipedia.org/wiki/French_name
As John, I have only done quick rudimentary searching....
| Reply by John Schenk on 1/14/10 9:57pm
Msg #318061
Re: Since John brought up French law:
Louisiana is deeply rooted in French Common Law. That doesn't mean that they continue to mimick new French Common Laws, but are rather rooted in the old French Common Law, and I'm certainly no expert of LA law, nor claim to be. I've handled a number of cases in Louisiana, one which wasn't a pleasant experience...which was my first there...may have been closer to 20 years ago as I think about it, rather than 15, but still won't forget it.
I think what you copied is still true in Louisiana. Appears that if a woman wishes to change her name to her husband's name that she must, at the very least, make an election to do that. It certainly does not appear to be any automatic thing, which I think the question starting the thread is asking. I think she can remain as Jane Smith, even if she marries John Doe, or can be Jane Smith-Doe, or whatever she wants. Not exactly sure as to how, if she wants to, be Jane Doe, and drop Smith. I would imagine that's rather simple now and may even be able to be done when they get a marriage license, but really have no idea. I DO think that she doesn't automatically become Jane Doe, unless that is what she chooses her name to be.
JJ
| Reply by jba/fl on 1/14/10 10:10pm
Msg #318065
Re: Since John brought up French law:
"Is a woman required to take her husband's name when they marry?" was my question to ask.com. Got over 1.7 million results, the gist of which is: no, and we may just not and ask him to take our name instead. Some replied that if they liked or didn't like the name they had or were about to have, that would be a deciding factor.
I know when I divorced Mr. A he gave me 'permission' to keep his name as I had never dishonored it or the family, to which I just snorted and stated I would do as I wish and since I was not going to go through all the rigamarole of changing my name on everything under the sun, I was keeping it whether he liked it or not. My underlying reason: alphabetically, A comes first and sometimes that is an advantage.
| Reply by John Schenk on 1/14/10 10:23pm
Msg #318068
Re: Since John brought up French law:
I certainly understand all that, and appreciate it. I think, however, that discussions regarding Louisiana law are totally different than an discussions regarding the laws of any other state as Louisiana law is still based upon French Common Law. The rest of the state's laws are based upon English Common Law, and there's a heck of a lot of difference between the two. Louisiana is TOTALLY unique. There is considerable conformity in the laws of the other 49 states, although certainly a lot of differences, but none so much as the differences between the other 49 states versus Louisiana. It's truly a distinctive situation when discussing LA law, again of which I am certainly no authority.
JJ
| Reply by jba/fl on 1/14/10 10:30pm
Msg #318069
#318059 was specifically French law, altho not LA law n/m
| Reply by John Schenk on 1/14/10 10:45pm
Msg #318070
Re: #318059 was specifically French law, altho not LA law
I understood that. Was just trying to make a distinction on laws in the U.S., and how LA is so very different.
JJ :-)
| Reply by Linda Juenger on 1/14/10 9:46pm
Msg #318060
Had a general notary request and this transpired. Lady gives me her ID card. (She refuses to let anyone see her DL unless its the police). This is ok because her ID card is valid (though I think it was weird, it was ok). ID card name is Jane Joyce Doe (not real). She hands me an aff and the preprinted name is Joyce Doe Buck (sorry, that's all I could think of) lol Anyway, she proceeds to tell me that she did NOT take her husband's name is why it is not on her ID, but the Aff was prepared in LA and they require the husband's name to be on it. Her ID just did not match the document and I wasn't comfortable with it.
I refused to do this tonight, but its bothering me. There was something just not right with the entire thing. She won't let me see her DL, she tells me she didn't take her husband's name and that LA requires it. Took a glance at the aff and I saw the word "gun" in several places. This has something to do with harrassment, divorce, and guns. No thank you.
| Reply by jba/fl on 1/14/10 10:02pm
Msg #318063
Essentially, you are saying that the ID did not match the name on the affidavit, correct? If that is so, then I'm with you. The burden of proof is hers, not her interpretation of what may be the proof.
BTW - Smith, Jones, Doe - Buck? the male derivative? LOL...I guess I just got that while I was typing? Bless you Linda for a good night chuckle.
| Reply by John Schenk on 1/14/10 10:10pm
Msg #318066
LOL Was she thinkin deer, or Dear? ;-) n/m
| Reply by John Schenk on 1/14/10 10:08pm
Msg #318064
I think what I might have done is ask to see her SS card, if I'm following you right. Then you have hubby's ID with his name, and SS card with her maiden name, and together you'd have Joyce Doe Buck. That'd work for me, if I'm understanding correctly.
Again, I don't think LA requires it at all in my limited research on it. Evidently you didn't feel comfortable in your IDing her, and didn't do the signing. It's a judgment call. Gotta go with your gut.
JJ
| Reply by GOLDGIRL/CA on 1/15/10 12:25am
Msg #318073
<< Does LA require a woman to take on her husbands name when she marries? >>
No, but she better know how to fry chicken (according to my hubby, a Louisiana native.)
| Reply by Robert/FL on 1/15/10 6:44am
Msg #318075
I'm certainly not an expert on Louisiana "civil law" but I can tell you that my grandparents were married in Louisiana, and my grandmother has used my grandfather's last name as her legal name since they were married; i.e. it is on her passport and driver license, etc.
Although La. is typically different than other states when it comes to law, I have a feeling that the procedure to change ones name via marriage is similar, in that if the woman wants to change her name she can do so by presenting a copy of the marriage certificate to the driver license authorities or passport office, and can assume her husband's surname as her legal name. This is not to say she is required; I do not think *any* state actually *forces* women to change their name as a result of marriage.
In Canada, it is as others have said - legally the woman maintains her maiden name throughout her life. I suppose that makes it easier to track people. However, on items such as passports which are uniform across the U.S., I would think that the naming standards are similar if not uniform between states.
| Reply by JanetLA on 1/15/10 8:11am
Msg #318080
No law here that I have ever heard of...
In fact I notarize docs all the time for married couples with different last names. Motor vehicles of LA will not issue a state ID for a married name unless in fact you change it on your drivers license as well. I did not change my name when I was married and many women here do not. I know nothing about other states, but in this ONE case, I think we are really similar to other states laws regarding name change. I would say it is custom to take husband's name but not a requirement...
| Reply by LKT/CA on 1/15/10 12:40pm
Msg #318130
Louisiana Notaries = Civil Law
They are under civil law, not common law.
http://en.wikipedia.org/wiki/Notary_public#Louisiana
| Reply by AlanJ/LA on 3/3/10 1:21am
Msg #325044
La. C.C. Art. 100. Surname of married persons
Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. R.S. 9:292. Surname of married person
Notwithstanding any other law to the contrary, a woman, at her option, may use her maiden name, her present spouse's name, or a hyphenated combination thereof. If widowed, divorced, or remarried, a woman may use her maiden name, the surname of her deceased or former spouse, the surname of her present spouse, or any combination thereof.
Acts 2003, No. 852, §1; Acts 2004, No. 118, §1.
|
|
