Are we legally married if my husband’s name is incorrect on his birth certificate?

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Are we legally married if my husband’s name is incorrect on his birth certificate?

I married a man a few years ago. Now, 7 years later, I find out that he had a different name when we sent for a passport and birth certificate. Are we legally married?

Asked on December 11, 2017 under Family Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A name that is incorrect on a marriage license does not invalidate the marriage. The fact is that the law does not invalidate licenses, contracts, etc. due to typographical or spelling errors. As long as it's clear that your husband is the person referred to, then you are married. It also doesn't matter if the name on the certificate does not match the name you use day-to-day or the name on other legal documents.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A name that is incorrect on a marriage license does not invalidate the marriage. The fact is that the law does not invalidate licenses, contracts, etc. due to typographical or spelling errors. As long as it's clear that your husband is the person referred to, then you are married. It also doesn't matter if the name on the certificate does not match the name you use day-to-day or the name on other legal documents.


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