wrong name

B

bridgetchambers

New Member
Jurisdiction
Nevada
Hello I was married years ago in Carson City Nevada. I was raised by a step father and used his name from the age of until I was married. However he never adopted me and my name was never legally changed. With the new requirements I have to submit my marriage license to get my Ohio license change to California. My marriage license name is my step fathers and doesn't match my birth certificate. what is the best way to fix this?
 
Let me get this straight.

You were born Suzie Jones.
You were raised Suzie Smith.
You got married and became Suzie Jackson but your marriage certificate says your maiden name is Suzie Smith while your birth certificate says Suzie Jones.

What name is on your Ohio driver license?
What name do you want on your California license?
What is California saying you can or cannot do and what is California wanting you to do?

How you fix this depends on what California wants you to do.

Presumably you've been to the DMV and can answer that last question.
 
bridgetchambers said:
With the new requirements I have to submit my marriage license to get my Ohio license change to California.
Click to expand...

I don't understand this. Assuming you're talking about a driver's license, your Ohio license isn't going to "change to California." Rather, you'll get a California driver's license and surrender your Ohio license.

Beyond that, if I understand your post correctly, your birth name was Jane Smith. At some point, you began using the name Jane Jones but never legally changed your name. You then got married, and your name on your marriage license is Jane Jones. At some point, you apparently moved from Nevada to Ohio and have now moved to California.

The first question is why you think you have to provide the California DMV with your marriage license?

Also, are you seeking to have your California license issued with the name "Jane Smith" or "Jane Jones" (or something else)?

Once you answer those questions, I can provide further information.

P.S. I just saw "adjusterjack's" response and that he used different made up names than I used. Please feel free to use whatever made up names you want; just be clear.
 
adjusterjack said:
Let me get this straight.

You were born Suzie Jones.
You were raised Suzie Smith.
You got married and became Suzie Jackson but your marriage certificate says your maiden name is Suzie Smith while your birth certificate says Suzie Jones.

What name is on your Ohio driver license?
What name do you want on your California license?
What is California saying you can or cannot do and what is California wanting you to do?

How you fix this depends on what California wants you to do.

Presumably you've been to the DMV and can answer that last question.
Click to expand...
ohio license is chambers
california was in Smith befor
zddoodah said:
I don't understand this. Assuming you're talking about a driver's license, your Ohio license isn't going to "change to California." Rather, you'll get a California driver's license and surrender your Ohio license.

Beyond that, if I understand your post correctly, your birth name was Jane Smith. At some point, you began using the name Jane Jones but never legally changed your name. You then got married, and your name on your marriage license is Jane Jones. At some point, you apparently moved from Nevada to Ohio and have now moved to California.

The first question is why you think you have to provide the California DMV with your marriage license?

Also, are you seeking to have your California license issued with the name "Jane Smith" or "Jane Jones"?

Once you answer those questions, I can provide further information.
Click to expand...

I am trying to surrender my Ohio license that is in my married name (chambers),so I can get a California license, the DMV has requested my marriage license as proof of True Full Name. I was married under the last name of my step father (farmer) who never adopted me or legally changed my name. This does not match my birth certificate (smith..lol). And I really dont care what name they want on the California license. I never move to Nevada just married there. I was able to use the same marriage license to change my social security card to married name thirty five years ago with my birth certificate but California will not accept it because it doesn't match my birth certificate.
 
bridgetchambers said:
California will not accept it because it doesn't match my birth certificate.
Click to expand...


You need to ask someone in a position of authority within the CA DMV EXACTLY what documents are acceptable to accomplish the changes you seek.

In the end, you might be UNABLE to achieve your desired outcome.

If you could obtain a passport issued by the United States, the passport should satisfactory proof for CA authorities.

Name changes have been tightening after the "911" debacle, and ongoing border burglaries.
 
zddoodah said:
you created this problem by using a name that wasn't your legal name
Click to expand...

It very likely was her "legal" name as most states and the federal government have upheld a person's right to a "common law" name change including and especially California.

California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 1279.5 (a) reads, "Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name." Subdivisions b through e preclude one from changing their name by common law if they are in state prison, on probation, on parole, or have been convicted of a serious sex offense. If a person is not in any of these categories, then a common law name change is allowed. (Family Code § 2082 also contains some of the same wording.)
Click to expand...

That's quoted from Wikipedia but I did check the statutes and it's still in there.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1279.5.

http://leginfo.legislature.ca.gov/f...ivision=6.&title=&part=1.&chapter=7.&article=

The problem is getting the bureaucracy to follow the law and accept the name.

Bridget, you might try showing the people at the DMV the law along with all your paperwork and see how that goes.
 
bridgetchambers said:
ohio license is chambers
california was in Smith befor


I am trying to surrender my Ohio license that is in my married name (chambers),so I can get a California license, the DMV has requested my marriage license as proof of True Full Name. I was married under the last name of my step father (farmer) who never adopted me or legally changed my name. This does not match my birth certificate (smith..lol). And I really dont care what name they want on the California license. I never move to Nevada just married there. I was able to use the same marriage license to change my social security card to married name thirty five years ago with my birth certificate but California will not accept it because it doesn't match my birth certificate.
Click to expand...


Did you ask the California DMV what they want you to do after you explained the situation?
 

Share this page

Get a free case review from a lawyer
Back
Top