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Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal

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  • 09-25-2013, 06:04 PM
    JenniferAumanstal
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    Okay, so say I file a petition for a court ordered name change. I currently have NO documentation that identifies me by my previous name. Social security card, driver's license, nursing license: everything is under my husband's legal name (which I thought was also legally mine). So where does THAT leave me?
  • 09-25-2013, 06:06 PM
    Disagreeable
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    Hiring a lawyer.
  • 09-25-2013, 06:08 PM
    cbg
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    Did you PHYSICALLY GO TO the State Department office or did you talk to a CSR on the phone?
  • 09-25-2013, 06:17 PM
    jk
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    Quote:

    Wisconsin recognizes the common law right to change one's name through consistent and continuous use as long as the change is not effected for a fraudulent purpose. State v. Hansford,219 Wis. 2d 226, 580 N.W.2d 171 (1998), 97-0885

    Quote:

    Present IdentificationWhen applying for a U.S. passport in person, acceptable identification must be presented at the time of application.
    Primary Identification (One of the following):
    Current, undamaged U.S. passport
    Recently issued Naturalization Certificate
    Valid Driver's License
    Current Government ID (city, state or federal)
    Current Military ID (military and dependents)
    NOTES:

    • If you cannot submit primary identification, please see secondary identification
    • If you apply at an Acceptance Facility and submit out-of-state primary identification, you must present an additional ID document, as well. For example, if you apply in Maryland with a Virginia Driver's License, you must present a second ID containing as much of the following information as possible: your photo, full name, date of birth and the document issuance date.
    • If you have undergone or are going through gender transition, please see these additional requirements

    the second quote is from the state department. Take note where is says primary identification; it says ONE.

    It appears the name on your driver's license is your legal name.
  • 09-26-2013, 03:59 PM
    JenniferAumanstal
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    okay, i'll try proceeding with my current documentation. Thanks for the feedback.

    - - - Updated - - -

    If anyone's interested, here's where we've landed: I spoke with the passport specialist at my county Clerk of Court. It sounds like I will be able to get a passport under my (not quite legally) assumed name given the fact I've been using it for more than 5 years, as long as I provide up to three public record documents with my name and another identifier (DOB/SSN). So presumably my state-issued ID, employment or school records, and signed affidavits from two people who've known me under both names will be sufficient under Wisconsin law to obtain a passport. Whew.
  • 09-26-2013, 04:02 PM
    cbg
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    Sounds about right. Thanks for getting back to us. :)

    It's nice to know the final resolution and we seldom do.
  • 09-30-2013, 09:37 AM
    john80
    Re: Spouse and I Made Up a New Last Name, but Mine's Not Quite Legal
    This was an interesting case, thanks for following up.
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