• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Marriage using maiden name vs. legal divorced name

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

soopy8970

Junior Member
What is the name of your state? TN. If your legal name is a married name and you sign all the paperwork to get married using your maiden name, is that legal? is that grounds for a void marriage?
 


LdiJ

Senior Member
soopy8970 said:
What is the name of your state? TN. If your legal name is a married name and you sign all the paperwork to get married using your maiden name, is that legal? is that grounds for a void marriage?
I think that you need to consult a local attorney on that one.
 

Happy Trails

Senior Member
36-3-306. Marriage consummated by ceremony not invalidated by failure to comply with law - Restriction.
Failure to comply with the requirements of §§ 36-3-104 - 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.
-------

36-3-104. Conditions precedent to issuance of license.
(a) No county clerk nor deputy clerk shall issue a marriage license until the applicants make an application in writing, stating the names, ages, addresses and social security numbers of both the proposed male and female contracting parties and the names and addresses of the parents, guardian or next of kin of both parties. The application shall be sworn to by both applicants. Should either individual be incarcerated, the inmate shall not be made to appear but shall submit a notarized statement containing the name, age, current address and a name and address of the individual's parents, guardian or next of kin. If an applicant has a disability which prevents the applicant from appearing, the applicant may submit a notarized statement containing the person's name, age, current address and the names and address of the parents, guardian or next of kin. (b) (1) If either applicant is under eighteen (18) years of age, the application shall remain on file, open to the public, in the office of the county clerk for three (3) full days before issuance of the license. No waiting period shall apply if both parents, the guardian or the next of kin of any minor applicant join in the application. No waiting period shall apply if both applicants are eighteen (18) years of age or over. (2) If either applicant is under eighteen (18) years of age, immediately upon filing of the application, the county clerk shall cause to be sent by registered mail to the parents, guardian or next of kin of any minor applicant, a notice of the application. The provisions of this subdivision shall not apply if both parents, the guardian or the next of kin of any minor applicant join in the application. (3) The parents, guardian or next of kin of an applicant may join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.

----------

6-3-111. County clerk violating law - Penalty.
Any county clerk or deputy clerk who issues a marriage license without compliance with the provisions of the last sentence in § 36-3-103(c)(1), §§ 36-3-104 - 36-3-110, or § 36-3-113, and not in good faith, commits a Class C misdemeanor.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top