Can I amend my name on a marriage license?

tiddleywinks

New Member
Jurisdiction
Missouri
My marriage license does not have the correct name and does not match my birth certificate; this is causing many difficulties for me now, decades later. When I was 14, my father, a criminal attorney, received threats against his children. He moved us from the West Coast to the Midwest and we used a ficticious surname for the next 5 years. This was a protective measure and was not used with any fraudulent intent, but my parents registered me for high school under the fictitious name. I used the same name when I enrolled for college. It never occurred to me that it was a problem; I was a minor trusting my parents. When I married at age 19, I signed my marriage license with the full name on my birth certificate but added the fictitious surname. Because there was no legal name change, there is now no documentation for a continuous chain of name changes. I cannot get a passport or a TSA security approval. This is incredibly frustrating; I can't believe the trouble it is causing. I changed my name upon marriage and have used this name for 40 years, but that 5-year period so long ago is now problematic. Is there any recourse? Is it possible to petition to have my marriage license amended to delete the fictitious name?
 
Probably not. But you can ask the marriage license office.

If you can't, it's a lot easier to go to court and get your name changed to whatever solves your problem.

Once you have a court order, you're good to go.

The following MO website has forms and instructions:

Petition for Change of Name Forms

Thank you for your kindness in replying. I spoke with the Recorder of Deeds yesterday; they referred me to the Circuit Court, who referred me to the Probate Court, who referred me to Family Court, who referred me to the Bar Association, who referred me to a fake site that was supposedly an opportunity to ask my question but turned out to be an annual membership. Hmm. My difficulty is that my parents used a fictitious name for me from 1973-1978 and there is no way to address the chain of documentation in name changes for that period; there were no legal name changes made. I went to high school and college under that name and used it on my marriage license. No fraudulent intent, just a kid who didn't know better. The Recorder's office stated that they have no way to make a change and advised me to get an attorney.
 
You're welcome. Happy to help.

I think you are making this more complicated than it has to be. You don't have to make any changes to your marriage license or to anything else.

Take a look at the petition form at the link I posted and look at Question 11. Should be enough to say that you want your name to match the name on your birth certificate and then explain the chronology in Question 15.

What your parents did is called "common law name change." It's legal. My kids (born to my ex-wife) used my last name since childhood without any court papers or adoption and they managed to get social security cards and driver's licenses.

What you are experiencing with passport and TSA documents is just one of the disadvantages to common law name changes. I suspect that my kids might have the same difficulty if they ever apply for a passport.

Anyway, if it's OK with you to just have your name match your birth certificate, go the name change petition route. You don't need a lawyer. The forms and instructions look simple enough. Your local Circuit Court's website should have information on fees and local procedures.

I don't think you'll get anywhere asking questions at the courts or government agencies because, if they knew anything at all, they wouldn't tell you because they aren't allowed to give "legal advice."

I, however, am under no such constraints, though my comments aren't "legal advice" anyway. All I'm doing is referring you to information that is already out there for all to see.

;)

So, as the Nike commercial once said, "Just Do It."

:D
 
You're welcome. Happy to help.

I think you are making this more complicated than it has to be. You don't have to make any changes to your marriage license or to anything else.

Take a look at the petition form at the link I posted and look at Question 11. Should be enough to say that you want your name to match the name on your birth certificate and then explain the chronology in Question 15.

What your parents did is called "common law name change." It's legal. My kids (born to my ex-wife) used my last name since childhood without any court papers or adoption and they managed to get social security cards and driver's licenses.

What you are experiencing with passport and TSA documents is just one of the disadvantages to common law name changes. I suspect that my kids might have the same difficulty if they ever apply for a passport.

Anyway, if it's OK with you to just have your name match your birth certificate, go the name change petition route. You don't need a lawyer. The forms and instructions look simple enough. Your local Circuit Court's website should have information on fees and local procedures.

I don't think you'll get anywhere asking questions at the courts or government agencies because, if they knew anything at all, they wouldn't tell you because they aren't allowed to give "legal advice."

I, however, am under no such constraints, though my comments aren't "legal advice" anyway. All I'm doing is referring you to information that is already out there for all to see.

;)

So, as the Nike commercial once said, "Just Do It."

:D
 
Wow, that is so great! Thank you so much. Honestly, I kept thinking that in this day and age with all of the blended families, it had to be a fairly common concern. I am truly grateful for your very sensible advice and I will try this route. Many blessings to you!
 
I'm sure it's still being done, but probably not as easily as it was 30-40 years ago since everybody is more conscious about documentation these days.

Anyway, feel free to come back to this thread if you need help or to report success.

Regards.
 
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