If at 36 I found out that I had my father’s name but had always used my mother’s name, am I legally married?

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If at 36 I found out that I had my father’s name but had always used my mother’s name, am I legally married?

I got married to my husband 13 yers ago. I just recently needed to go get a certified birth certicate for our son but the records clerk stated that she had my husband listed but me listed but with a totally different last name. Since what I thought was my maiden name is not and that is what is actually listed on my marriage license, are my husband and I legally married?

Asked on June 24, 2012 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The most important thing to remember here is that the use of the name you have been using was not in any way indended to defraud anyone.  Generally speaking, you can go about using any name you choose as long it is not an intended false statement.  It is unclear which name you used on the marriage license becuase it seems to me that the clerk used your father's name from the way it was presented.  Yes, you are legally married.  But I would go about trying to recitfy the different names as soon as you can if you are not now legally using your married name.  And remember that you will have to list all those last names when asked.  Good luck.


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