If you get married under a name that is not your legal name, is the marriage legal?

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If you get married under a name that is not your legal name, is the marriage legal?

The said person is a male who’s name was legally something different than the last name provided. There is evidence showing that the last name was legally something different than the one given at the time of the marriage.

Asked on February 25, 2012 under Family Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The issue is whether everyone thought that was his real name and if you held yourselves out as a married couple. Certainly in many states there is the issue of fraud in the marriage and if so, you may be able to have it annulled but you need to probably seek counsel if this is what you wish to do. Otherwise, if you intend on staying married and he now knows you know he used a different name, you need to consider amending your marriage certificate. If you are concerned about all of these consequences, consider consulting with a divorce attorney in your state who can give you options that will enable you to make a thoughtful decision on your next step.


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