Legal Question in Family Law in Georgia

My second marriage took place 33 years ago in Arkansas. My (present) husband applied for our marriage license in my absence and used my nickname with my previous married name (I was divorced from a first marriage) not realizing that my given birth name was not the same as my nickname...i.e., "Jackie Smith" rather than "Mary Jo Jones Smith". My maiden name was not included on the marriage license OR the marriage certificate. My birth certificate and my social security registration reflect my name as given at birth, however I was ALWAYS referred to by my nickname from the time of my birth. As we are both aging, and have 7 children and 13 grandchildren between us, we are trying to get all our affairs in order so that problems are avoided upon either of our deaths. Should he precede me in death, what issues will I face obtaining SS spousal benefits through his SS funds. Should I precede him in death, what issues would he face in obtaining spousal benefits from my inheritance? What measures should I take to correct the marriage license as it was issued so that it will reflect my legal correct name? Thank you for your advice and help.

Asked on 11/22/10, 9:54 am

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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It's likely not a problem, but you might have a lawyer draft a document or afidavit of explanation just in case.

Answered on 11/27/10, 10:18 am

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