Using a last name that’s not legal anymore to get married.

UPDATED: Oct 1, 2022

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Using a last name that’s not legal anymore to get married.

My da8got married in Delta,CO this week. She
presented her drivers license at the courthouse
at the time of marriage. My question is…the
last name on her driver’s license isnt her
legal last name anymore. My hu, her step dad
legally adopted her a few months ago in Utah.
Her birth certificate and last name was legally
changed. She hasnt gotten around to changing
her drivers license or SS card yet. She
presented her drivers license as well as filed
out the marriage license application, and
signing her marriage certificate, using her old
last name. The last name that IS NOT HER LEGAL
last name anymore. Is her marriage still valid
since it contains a last name that is no longer
legally her last name?

Asked on January 17, 2019 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, her marriage is valid. The law does not invalidate legal relationships (like marriages) due to minor disrepancies or errors that do not affect the fundamental nature of the relationship. Since there is no doubt but that she got married voluntarily, printing the wrong name on the certficate doesn't invalidate the marriage. It would be good to change her various documents so they do reflect her current legal name--that will avoid confusion, delay and headache later, if anyone seeing the name discrepancy questions things and forces her to provide further proof of identity.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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