Legal name change

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  #1  
Old 08-30-11, 06:31 PM
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Legal name change

I hope I am in the right place, and that some one can help me. My girl friend and I want to get married. But she can't prove who she is to get marriage license. When she was little, her mother ran away out of state, to get away from her father. Her mother later got married, and my girl friend took her step father's name. But nothing legal was ever filed. How do we go about straighten this out. We have two kids and a house together, it is time finalize it.
 
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  #2  
Old 08-31-11, 04:18 AM
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Does she have a copy of her birth certificate? If not she should be able to get one from the county/city [or is it state?] that she was born in.
 
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Old 08-31-11, 04:35 AM
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In the event she doesn't know her birthplace (or birthdate) it's going to take some work probably by backtracking her mother's life to try to figure it out. If it was me I think I would engage a private investigator and/or an attorney and pay them to do the leg work. Also might be worth joining one of the on-line geneological sites and doing some searching provided she has some basic information about her mother and father.
 
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Old 08-31-11, 06:12 AM
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What name is her SSN under? That is a complication you might want to check on as well.
 
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Old 08-31-11, 06:14 AM
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A birth certificate is pretty much the single source of truth and everything else gets built off of that. If she doesn't have a copy and can't get one for some reason, I would talk to an attorney.
 
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Old 08-31-11, 11:06 AM
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From the OP I was guessing no BC, no DL, and no SSN. That would add up to what mitch said, attorney. If there is an SSN, then I would think the rest would be a breeze by backtracking.
 
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Old 08-31-11, 01:01 PM
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From all the replies I got, I think you guys might have gotten the wrong idea. She knows who every body is, and where they are. She can't prove who she is, her BC and ssan card, has 2 different names on them. And no she doesn't have DL, she is afraid. I have tried to teach her, and she almost killed us. When she gets scared, she lets go of the wheel, and covers her eyes. I have even tried a driving school, and she even scared them.
 
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Old 08-31-11, 01:18 PM
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my girl friend took her step father's name. But nothing legal was ever filed
Then as far as the law is concerned, her legal name is on the Birth Certificate. If she has that, then that's all she needs. If she's going to marry you, then her name will change to yours anyway.
If she has a different name on her SS card, then she needs to go to the Social Security Administration to get that straightened out too, and then she can have it changed to her new married name.
She needs to put aside her feelings about her "real" name. Seems to me it's too much effort to have it legally changed to her step father's name at this point.
 
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Old 08-31-11, 03:14 PM
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Doesn't the NY DMV issue official IDs, basically the same as a drivers license just no driving privileges? They do here and all you need is your birth certificate and perhaps proof of residence to get one. I'd be surprised if more then a state issued ID would be required for a marriage license. Once she is married she informs the Social Security people of her name change do to marriage. No need to go into all the background. Those two simple steps would solve the whole thing in my opinion. No need for lawyers or judges.
 
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Old 09-01-11, 09:55 AM
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Second those last two posts. The BC should be the final word. The SSN might be a nightmare given the govern beurocracy, but you don't need that (I don't think, but who knows with all the stuff Homeland Security is coming up with nowadays) to get a marriage license.
 
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Old 09-02-11, 10:32 AM
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Birth certificate is what she needs. Can she get it?

Geez, what name did she use on your kids' birth certificates? If I may quote Chandler Bing, "Can open, worms everywhere...."
 
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Old 09-02-11, 09:19 PM
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Originally Posted by mitch17 View Post
Birth certificate is what she needs. Can she get it?

Geez, what name did she use on your kids' birth certificates? If I may quote Chandler Bing, "Can open, worms everywhere...."
What kind of can of worms are you talking about. She used her step fathers name on the kids birth certificates. Would that make any difference, we do plan on getting married, we just seem to be hitting a lot of road blocks. So are you saying everything with her name on we can prove is no good. Does that mean there could be a problem with the deed to the house and our camp.
 
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Old 09-05-11, 08:15 AM
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Her legal name is not on her childrens' birth certificates?

I have no idea just what kind of implications might come from that - I think you need to consult an attorney.
 
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Old 09-05-11, 02:25 PM
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For some reason, her mother seems to find this funny, I don't. The cheapest attorney I have found so far wants almost a thousand dollars, that is a whole lot of not funny
 
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Old 09-05-11, 02:54 PM
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The first thing I'd do if a lawyer is too expensive right now is get a copy of the BC and then start at the SS office (not just a phone call...talk to a person IN person) and plead stupid. She can say she was very young and her mom told her her name was changed when she remarried. Then the fact that she only recently found out when she needed a BC to get married. Sympathy for a situation can go a long way in getting things rolling. See what the procedures are. Same thing with the kids...though not as big a deal if they took your name. Might pester a genealogical searcher 100 yrs from now...but no big deal IMO.

As I remember...there's no crime using another name unless its to defraud or avoid prosecution. T

To the main point...when she has the BC you can get married...though she may need to have a picture ID as well. That may be an issue...since almost every state requires 2 forms of ID such as BC and student ID w/picture and the info has to match.

Once the SSN is fixed and you get married...then she can go about changing employment/insurance/medical paperwork....I wouldn't even mention all the history as long as the SSN isn't changed.
 
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Old 09-05-11, 03:08 PM
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P will repeat my previous answer. That should get you married. The rest can be sorted out later. If she has always used the same name on her SS there should be no problem IMHO. Not illegal to use a name other then on your birth certificate so long it is not done for illegal reasons such as fraud is what I have always read.

Previous post:
Doesn't the NY DMV issue official IDs, basically the same as a drivers license just no driving privileges? They do here and all you need is your birth certificate and perhaps proof of residence to get one. I'd be surprised if more then a state issued ID would be required for a marriage license. Once she is married she informs the Social Security people of her name change do to marriage. No need to go into all the background. Those two simple steps would solve the whole thing in my opinion. No need for lawyers or judges.
 
  #17  
Old 09-05-11, 03:42 PM
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Sorry ray...didn't see (or remember) your earlier post.....the problem is that the info has to match. I imagine all she has for residency has her current name...not what matches the BC.....thats why I suggested SS office first.
 
  #18  
Old 09-05-11, 04:12 PM
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Originally Posted by Gunguy45 View Post
Sorry ray...didn't see (or remember) your earlier post.....the problem is that the info has to match. I imagine all she has for residency has her current name...not what matches the BC.....thats why I suggested SS office first.
Awha, that's why I'm not a lawyer.
 
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