If someone didn’t put their legal maiden name on a marriage certificate when they applied for it and then had a ceremony, is that marriage legally binding?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone didn’t put their legal maiden name on a marriage certificate when they applied for it and then had a ceremony, is that marriage legally binding?
Asked on September 15, 2011 under Family Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For a definitive answer, you should consult with a family or matrimonial law attorney, who can evaluate all the facts and the certificate itself.
That said, as a general matter, an error in using a name will typically not invalidate agreements or contracts, marriage certificates/licenses, or other paperwork. So if, for example, the woman had been previously married and had accidently (through habit?) used her prior married name even though it was not then her legal name; or was in the habit of going by some other name in business or her profession and used that name, that would not invalidate the marriage if there was no genuine question as to her identify. (The error should still be corrected, however, to avoid any complications.)
On the other hand, if this was a deliberate attempt to misidentify herself or commit fraud (e.g. the groom wouldn't have married her if he knew who she really was), then that might invalidate the marriage; it therefore depends on the circumstances, but, as stated, if an error or oversight, is probably not a major problem, just something to be fixed.
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 AttorneyPages.com 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.