Is a name change legal if the marriage is a void marriage?
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Is a name change legal if the marriage is a void marriage?
I’ve been told that in the state of MN, if both witnesses signing the marriage certificate are not at least 16 years old, that the marriage is void like it never happened. If this is the document that was used to change the last name of the bride, does the name change still remain in effect or is that void too?
Asked on June 21, 2011 under Family Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Being married does *not* automatically change a bride's name (consider: many brides keep their own name, or else they and their husbands adopt a hypenated name). And similar, anyone may change their name at any time, without regard to male or female, married or not, so long as they do so properly (e.g. file the proper documents with the court). So the validity or not of the marriage has nothing to do with the name change; if the bride changed her name properly, the name change will remain in effect until she changes it back. That's what the bride should check on: was the name change done properly? Also, regardless of legal name, which really only comes into play for legal documents, etc., someone can go by any name he or she likes.
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