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  1. #11

    Default 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?

  2. #12
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

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

    Hiring a lawyer.

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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?

  4. #14
    Join Date
    Jan 2006
    Posts
    38,867

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

    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
    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.

  5. #15

    Default 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.

  6. #16
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  7. #17
    Join Date
    Sep 2013
    Posts
    3

    Default 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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