Windham, NH asked in Probate for New Hampshire

Q: What is best way to fix name on legal documents when first/middle were switch on birth certificate?

Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my married last name on a birth certificate? Doesn’t it make more sense to just legally switch first/middle name and then use marriage license to show why SS last name is different fr last name on birth certificate?

Related Topics:
1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Crossville, TN

A: You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by your middle name, and in legal documents you can "explain" the difference by referring to yourself as "[Birth Certificate Name] aka [Name You Use the Most]". There might be occasions when you will need to sign an Affidavit of Same Name explaining that you are one and the same as the person named in the birth certificate or other id.

If that is not satisfactory, the easiest solution is a legal name change. Your birth certificate stays the same, but your legal name changes. This is a relatively simple process. If you are mobile and good with paperwork, you might even be able to do it yourself. Go to the nearest court and ask for help or look on their website. If that proves too difficult, there should be plenty of attorneys around you that can help for a relatively small fee. Sometimes the filing and publication fees are more than the attorney's fee for this.

When the name change is complete, take your birth certificate and name change court order to DMV. They will use the name on the name change court order.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.