I moved from N.J. to Va. and have a specific problem. The Wmsbrg. dmv would not issue me a driver's liscense because my birth certificate has a different middle name than what I use. To explain - I wasraised roman catholic and the middle name I use was my confirmation name that I took at the age of 12. From that time I have always used that confirmation name as my middle name. I was able to get a NJ picture liscense with that explanation. I own propert, pay taxes and utility bills all in the name I use. Is there a simple, common sense approach to solving this problem I will say that I was advised to legally change my name which I find ridiculous and not an acceptable answer to the problem.
State/Country relating to Question: Virginia
A simple explanation of why I use that middle name. I was able to register my car and get Va. plates
I hope this message finds you well, present circumstances excluded. Different states have different laws relative to this issue. The Real ID Act, which is a federal law, also dictates what states can and cannot do relative to Birth Certificate Info and driver license and ID cards. The Real ID Act states that the Birth Certificate same must match the Driver License name unless a person has legally changed their name (which should result in an amened Birth Certificate in most cases) or the person has married and taken the name of the spouse (in which case the SS card with amended name is permissible).
Unfortunately, it appears that you will have to get an amended birth certificate in order to switch the license over to Virginia. As an aside, in case you are pulled over, you need to keep paperwork on your person that illustrates that you are attempting to get your license switched. A simple letter from the DMV will suffice.
In order to amend a birth certificate, you typically need a court order from a court having original jurisdiction over the matter. Before going through that process, I would recommend calling the in house counsel for the DMV in Virginia and inquiring as to whether any exceptions can be made as this is probably a fairly common occurance. Make sure that the in house counsel for the DMV confirms in writing his or her opinion on the matter. Many times dealing directly with the attorney for the DMV can be much more fruitful for a person than trying to deal with an hourly employee at a DMV window.
Best wishes with this issue and your other endeavors.
9 years practicing IP law and general litigation
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