What is my wife's "legal name"?

Question

My wife wants to apply for the new Real ID version of the California driver license when her current license expires.

Looking at her birth certificate, you would say that she has a first name ("Mary") and a middle name ("Anne"). She was born at a time when Mary was a very common first name; once in school she was addressed, at least verbally, as Maryanne, to be distinguished from the other girls named Mary in her school. Soon she began to write her name that way, and as far as she is concerned Maryanne is her "first name" (and she has no middle name). She has always used Maryanne for work documents, Social Security, driver license, and passport.

I know it's hard to predict what will happen when she goes to DMV for the Real ID, but my question is this:
What is her "legal name"? Is she likely to ever be tripped up because the way her name is written on her birth certificate differs from the way it has been written on documents since? For that matter, is there such a thing as a "legal name"?

This all started when a friend Elizabeth, who has gone (inconsistently) by Bette since childhood, was told at DMV that she would need to legally change her name to Bette before she could get a Real ID driver license.

STEVEN F · Answer

Anyone's legal name is what is one their BIRTH CERTIFICATE until it is legally changed. It is COMMON, but not required for a bride to legally change their last name at the time they marry.

Note: The claim she was issued a Social Security number, Driver's license OR Passport with a name different from what is on her birth certificate without DOCUMENTING a legal name change is a FLAT OUT LIE.

Nekkid Truth! · Answer

Her legal name is whatever is written on her social security card.
Whats on the birth certificate is the name her parents gave her at birth.   The ONLY time information gets changed on a birth certificate is if there was an error that needs corrected.
A birth certificate does NOT get changed if you make a legal name change.   Your social security card would reflect that change.

If she filled out "MaryAnne" as her first name when she filed for her name change when she got married, then that was a legal name change.

Yeti · Answer

Her legal name is what's on her birth certificate, followed by any legal changes from it, such as can occur during marriage.

Though some things like Social Security could have gotten off historically, the passport should match her birth certificate. The State Department historically usually caught that, even if other places just used whatever people wrote down.

If your wife started using a name different from her birth certificate, she is going to have a mess to clean up, and it may be easiest to now do a legal name change to what she's been using.

? · Answer

In the US, legally you can use whatever name you want, as long as you're not evading the police or bill collectors. But this "Real ID" is new, and I don't know what is involved. If nothing else, she can go to the county clerk and file the papers to legally change her name. After all, most married women use a different name than the one on their birth certificates, and no one think it odd that they have a new last name.

Nosehair · Answer

Assuming that she did not do a legal name change and her first name is "Mary" on her birth certificate, I  absolutely do not believe that the first name "Maryanne" is on her Social Security, driver license, and passport.

Blessed · Answer

what name is on her license? when she brings the papers that are needed to show her id, what ever name is on those will be her real name

Lone Cat · Answer

Your name is whatever the Social Security Office (and the IRS) say it is.  But the SS should get the name from the birth certificate.

seedy history · Answer

I have a nickname too but my SS card, Passport, driver's license all have my legal name on them. I'm stunned that your wife was able to obtain these documents in her "chosen" name without having to legally change it.. How did she begin that? Which agency first issued her a legal document under her assumed name? Cause there are going to be a whole lot of people on both sides of the law that'll be curious about that. How did she first get the ball rolling?

Anonymous · Answer

Weird question.

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What is my wife's "legal name"?

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