Is a name change legal if the marriage is a void marriage?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption