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On Nov. 20, 1954, i married my husband. I do not have a copy

 

Customer Question

On Nov. 20, 1954, i married my husband. I do not have a copy of our marriage certificate. I need it to apply for citizenship of Florida There is not a copy in Luzerne Cnty courthouse-They informed me,ii must find the J.P. who performed the ceremony, AND get it to the courthouse- That was long ago-- It was in Plymouth, Luzerne county, Penna. His name:xxxxxx xxxx xxxxx -xxxx xxxx xxx MINE IS:xxxxxx xxx x. xxxx xxxx xxxxx

 

Optional Information:
Country relating to Question: United States
State (if USA): Pennsylvania

Already Tried:
Wrote Luz. Cnty courthouse, with a check-They called me and said I had to rectify it.

Submitted: 344 days and 10 hours ago.
Category: Legal
Value: $40
Status: CLOSED
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Expert:  LawTalk replied344 days and 10 hours ago.

Good afternoon,

I'm sorry to hear of the situation.

Could you explain what you mean by rectify when you write: They called me and said I had to rectify it.

Doug

Customer replied344 days and 9 hours ago.

The man at the courthouse,(Register of Wills) said it was up to me to get the certificate from the J.P. in Plymouth and have it registered at the courthouse. that was in 1950-(a long time ago)I'm sure, the j.p. is passed away. He was old at the time

Accepted Answer

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Expert:  LawTalk replied344 days and 9 hours ago.

Good afternoon,

You are probably entirely correct. And if that is the fact, there is only one other way around this problem---but it is correctable in a matter of a couple of months. Unfortunately, Florida is a real pain in the keester about demanding a birth certificate if you don't have a court order granting you a specific name.

After Nine-Eleven, the US has really tightened up on identification as have most states, and recently, having a birth certificate with a different name on it---or even a different spelling has created havoc in peoples lives. Unfortunately, things are not going to change and these discrepancies must be corrected.

In instances such as yours where you have been using the same name all your life, the only thing that you can do is to petition the court for a name change. I realize that it seem ridiculous and even absurd---but that is the only present remedy.

The process will take several months and when the court approves your name change, you will have a court order that will cure all these problems---with a passport, drivers' license etc.

You can expedite the process by retaining a local attorney to handle the paperwork and newspaper publications for you, or you can do it yourself if you have time and don't mind the legwork.

Virtually every county has a law library. You will be able to find the information you need to prepare your pleadings there. Ask the law librarian to show you where the books on Pleading and Practice are located. Generally there are many volumes of Pleading and Practice books from which you can pick the proper one for your situation (Petition for Name Change). While the librarian is typically not a lawyer, and cannot practice law, most are quite willing to assist you in locating the chapter in the Pleading and Practice book which you will need.

Once you have found the appropriate pleading, you will note that in addition to the sample pleading which contains all of the necessary structure for your Pleading, there may also be suggestions to make your pleading more persuasive. Prepare your pleading in accordance with the suggested format in the book, inserting the facts of your case as you know them to be. Then all you will need to do is to draft the pleading on your computer, print it out and file the original with the court while serving the other party, or their attorney, with a copy.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 7314
Answered: 7/9/2012

Experience: I am a practicing attorney with more than 27 years of experience in the legal field.

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