Is my daughter's marriage still valid since it contains a last name that is no longer legally her last name?
Question Details: My daughter got married this week. She presented her driver's license at the courthouse at the time of the marriage. However, the last name on her driver's license isn't her legal last name anymore. My husband, her stepdad. legally adopted her a few months ago in another state. Her birth certificate and last name was legally changed but she hasn't gotten around to changing her driver's license or SS card yet. She presented her driver's license, as well as filed out the marriage license application, and signing her marriage certificate, using her old last name which is not her legal last name anymore.
Yes, her marriage is valid. The law does not invalidate legal relationships (like marriages) due to minor disrepancies or errors that do not affect the fundamental nature of the relationship. Since there is no doubt but that she got married voluntarily, printing the wrong name on the certficate doesn't invalidate the marriage. It would be good to change her various documents so they do reflect her current legal name--that will avoid confusion, delay and headache later, if anyone seeing the name discrepancy questions things and forces her to provide further proof of identity.
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