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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102171
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I used my mother,s married name when I got married back in

Customer Question

I used my mother,s married name when I got married back in 1973. I was only 15 and did not know that I was suppose to use her maiden name. I need to get this corrected. How do I do this
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me:

1) What do you mean you used her name? As in, you used her LAST name, or her FULL name?

2) Did you keep her last name after the wedding?

3) What name are your official documents (driver license, etc) in?

4) Did you have parental permission to marry at that time? Or did you use her name to avoid the age restriction?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Last married name
****. My married name
Expert:  Ely replied 1 year ago.

Okay, let us say that your mother's name is ***** *****.

Your real name was Fay Smith.

When you sent to get a marriage license, did you call yourself "***** *****?" Or something else?

I need to know the nuances. Or you can simply provide all the real names and I will ask the moderators to delete them.

Customer: replied 1 year ago.
Mother- *******
******* it was suppose to be *******(maiden)
Expert:  Ely replied 1 year ago.

So, your mother was ******.

Your name at the time was *****.

You claimed to be "*****" at the time when you applied for the marriage license.

As a consequence, your name is now "*********."

Correct? If not, please correct the details.

Customer: replied 1 year ago.
Expert:  Ely replied 1 year ago.

Okay, let us try that another way. Please copy and paste, and complete:

"My mother's name at the time was ___.

"My name at the time was ____.

"I pretended my name was ___ at the time of the marriage.

"After marriage, my name was __.

"Right now, my name is (still?) __."

Customer: replied 1 year ago.
My mother,s name, *************
My name, ***********
Expert:  Ely replied 1 year ago.

Thank you for your patience.

At this point, what someone in your situation may wish to do is to file for an official name change to get to whatever name one wants. See HERE and HERE for steps, forms, and directions.

It may be best for someone in your situation not to be specific about how one's name came about. The Judge may or may not question the past situation. If they find out that someone in your situation faked the name, they may deny the name change. Some Judges may simply approve it without asking. Also what was done was arguably a crime, but the statute of limitations has run so it is unlikely that there would be any criminal charges.

So the name would then be changed, hopefully. However, the marriage certificate - that is permanent as is. FINALLY, there are questions about validity of the marriage as well due to a fake name, so again, it is best to be vague in the petition if one wants to attempt this.

Using counsel is recommended.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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