Legal Question in Family Law in California

am I married if i didnot use my legal name on the marriage license

I was given my paternal father's last name at birth .. 3 months after my birth he left my mother. Aprox. 3 years later my mother remarried. During all schooling, driver's licence, social security card, etc. I have used my stepfather's last name. I was married many yr's ago with the stepfather's last name as mine. Today I found out that my name was never legally changed. currently in the mist of a nasty divorce. Because the marrige license does not have my legal name ... is the marriage legal????


Asked on 9/27/04, 10:54 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: am I married if i didnot use my legal name on the marriage license

It should be California allows one to chose any name without having a legal name change. The only exception is that one cannot use another name for fraudulent purposes. The last name issue would appear to have been raised to distract from a more important issue. Even marriage were not legal you entered into the relationship in a good faith belief that you were legally married. In such circumstanses you should be treated as though you were married.

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Answered on 9/29/04, 6:26 pm


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