Legal Question in Family Law in California
Valid Marriage?
Married 24 years ago.. Husbands went by his stepfathers name who he had been told adopted him. 9-ll hit and all forms of Id had to be the same... his social was under his birth certificate is under birthfathers name... Are we leagaly married because all our licences and contracts are singed with a name that was not leagaly his.
1 Answer from Attorneys
Re: Valid Marriage?
Generally, I would say there's no problem. However, I have litigated such issues. It is factually specific and depends upon what potential legal issues you have; for example, I have had CIS contest the validity of a marriage where one of the parties married under a "legally" incorrect name, and in probate court (post death) I have litigated the issue of proof of identity where names didn't match up.
I expect the marriage isn't well or you wouldn't be asking, but perhaps "renewing" your vows in whatever name seems correct now would be helpful if the concern is to ensure the validity of the marriage going forward.
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