Cannot Renew License In My Name After a Common Law Name Change

I've had my Tx dl for over 30 years. Have now moved to SC. Born with one name but common-law marriage in 1976 changed name. (i'm the female). Birth certif says maiden name but Tx dl, SS card & paychecks are all issued in married name BUT SC says i can't turn in my Tx license & get a SC one in the same name BECAUSE i don't have a 'legal' paper showing name change?! If my SS card is not legal--then how can the federal gov'mnt take TAX dollars out of my paycheck? And SC is also taking TAX dollars---can I say 'if I can't have a license to drive in your state under the name I've been known & using for over 30 years then YOU can't have my TAX dollars. FAIR?!? (SSI even paid survivor benefits under my married (by common-law) name). i guess i'll just have to drive in SC with a TX dl. beats me how this system is of any use to the public (nor do they use my tax dollars very wisely).{{ this situation was encountered at the DMV of SC @the DUTCH SQUARE PLAZA in Columbia, SC on 11/14/07 . supervisor #(803) 896-6238 but I went in person to be told this. I hope Homeland, Bush, or any other political entity can wade through this should their OWN female child ever encounter same (then things'll change, huh!).

this excerpt is from:http://www.raggiolaw.com/comlaw.htm

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Texas is one of the very few states that recognizes a common law marriage, or more precisely, a marriage without formalities. Even though the Statutory framework for such a marriage appears to be quite simple and straightfoward: either properly file a proper Declaration and Registration of Informal Marriage; or prove in Court that a man and woman 1) agreed to be married, 2) after that agreement lived together in Texas as husband and wife, and 3) represented to others that they were married. In reality, proof of a common law marriage (or the denial of a common law marriage) is very tricky, fact-intensive, and is NOT something a lay person should even think about without adequate legal representation. Bt the way, "if you snooze you lose," as there is a statutory time limit for instituting the lawsuit to prove the alleged common law marriage.

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I suggest that you need to prove the validity of your marriage before they will accept it as fact. Now that you are a resident of another state, I would think it be a difficult, time consuming, and expensive undertaking.


As to taking taxes from your income; the name is less important than the number that goes along with it.

I would suggest you research the possibility of registering your marriage in Texas so as it be provable elsewhere even though you have already left that state.

I am having a hard time understanding why you belive SC should simply accept your word of the marriage with no supporting proof. Those with a standard licensed marriage even must show proof at some time to have their name altered on such things as you have done. I find it odd that the SS allowed it without some documentation to support the marriage.

when my partner died unexpectedly after 21 years together (all my id had his name on it by then), my mother-in-law had to fill out a form for my children's survivor benefits as proof of our relationship but it's all I've ever been asked to do by the SS Admin. I did not want benefits for me under his entitlement but I did get the kids their due under his SS. I went back to DMV today to get the license in maiden name but now since my SS card differs, won't do it in that name either! I'll get SS to issue a lost card w/maiden name I guess.

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when my partner died unexpectedly after 21 years together

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I do find it odd that you do not refer to this person as your husband. Maybe that is why SC does not believe you.

I'm not a huge wealth of knowledge concerning SS but I do not believe SS survivors benefits require the parents to have been married. As the surviving parent and obvious guardian, you would recieve the childrens payments as well.