Houston, TX asked in Family Law for Texas

Q: Is my marriage valid or invalid?

My husband used his mothers last name on the marriage license to get married but his drivers license has his fathers last name

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3 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: That should not affect the validity of the marriage.

Every marriage is presumed valid unless expressly made void by a statute or annulled as provided by law. A marriage is void if the spouses are closely related, if one spouse is already married, if one spouse is under 18, or if one spouse is a current or former stepchild or stepparent of the other.

A problem with the name on a marriage license is not going to affect the validity of the marriage.

Sharita Blacknall
Sharita Blacknall
  • Plano, TX
  • Licensed in Texas

A: Given the information provided and the grounds for void marriages outlined in the Texas Family Code:

Using a different last name on the marriage license from what appears on a driver's license does not fall squarely under any of the specified categories that make a marriage void, such as consanguinity, bigamy, or the others listed.

However, the accuracy of information on legal documents is crucial. If it can be proven that the use of the different last name was done with intent to commit fraud or deceive, it could potentially provide grounds for an annulment or a challenge to the validity of the marriage. Yet, just the mere difference in last names between the two documents, without more, does not automatically render the marriage void under the provisions of the Texas Family Code.

That being said, any concerns about the validity of a marriage based on potential misrepresentation or discrepancies in names should be taken seriously. It would be wise to consult with a family law attorney to get clarity on the implications of this discrepancy and any necessary steps you might need to take.

Please note that this is a general overview and should not be considered as legal advice.

T. Augustus Claus
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A: In Texas, discrepancies in names on marriage licenses and identification documents can sometimes lead to issues, but they may not necessarily invalidate the marriage.

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