Page 2 of 4 FirstFirst 1 2 3 4 LastLast
Results 11 to 20 of 31
  1. #11
    Join Date
    Jan 2006
    Posts
    38,767

    Default Re: Real Id Driver's License Issues

    Quote Quoting PayrolGuy
    View Post
    That's all well and good but she isn't in KY she is in FL. I only used real name to label it something other than married name.

    And if the Real ID requirements are requiring the name to be somehow blessed then the only way she is going to get the ID without that blessing is to sue the federal government that set the rules.
    Well thanks to the full faith and credit clause it doesn’t matter what state she is in. Kentucky allows name change by use. She changed her name by use. All other states are obligated by law to acknowledge that.

    and the federal law isn’t requiring her to prove anything. Florida is. The SSA has already accepted her name change and I presume the iRS has as well.

  2. #12
    Join Date
    Oct 2016
    Posts
    3,336

    Default Re: Real Id Driver's License Issues

    Federal law is what is setting the requirements for REAL ID. The state of Florida is simply following the rules.

    Fine let's say I'm sitting in Kentucky I say my name is not Bob Smith. I'm going to write and say that everywhere I get a chance. I'm still not going to get a Real ID under the name of Bob Smith in any state.

    Here's what DHS tells States about name changes.

    A. The applicant should demonstrate name traceability, i.e., a connection between the name presented on the source document and the name requested to be on the issued document. States may choose the kinds of documentation individuals should present as evidence of this traceability. Individuals do not have to provide a complete listing of all the names that they may have previously used.

  3. #13
    Join Date
    Jan 2018
    Posts
    7

    Default Re: Real Id Driver's License Issues

    Thanks for your input. I guess I'm just not understanding exactly how to go about changing my name from what it is to what it is! Everything I'm reading about name changes says you must go to DMV within 10 days to change your name, to Social Security, banks, etc. ALL THOSE PLACES ALREADY SHOW THE NAME AS IT WOULD BE IF IT HAD BEEN CHANGED LEGALLY. So how would I physically go about it and why would these other people need to be notified since the only agency requiring evidence is DMV and even there my name is what it would be legally changed to. I'm so confused.

  4. #14
    Join Date
    Sep 2010
    Posts
    19,279

    Default Re: Real Id Driver's License Issues

    I'm sorry, neither the social security administration nor any state's DMV determines legal name. If she had actually been married, then she was free to take her husband's surname or not. The answer is, she was not married. The fact that the Kentucky allowed her to informally use a different name doesn't make it her legal name. This has nothing to do with "full faith and credit." If she had a Kentucky marriage license or court order, then she would have been guaranteed Florida recognition.

  5. #15
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Real Id Driver's License Issues

    Quote Quoting jk
    View Post
    Well thanks to the full faith and credit clause...
    The Full Faith and Credit clause does not apply to common law name changes, as they don't involve public acts, records or judicial proceedings.

    Florida may recognize informal / common law out-of-state name changes for some purposes, but it is not compelled to do so.

  6. #16
    Join Date
    Oct 2016
    Posts
    3,336

    Default Re: Real Id Driver's License Issues

    MsHarvey, you name is legally Ms something. It matters not a bit that you have been going by Ms Harvey for decades.

    You need to go to the court nearest you and legally change your name to Ms. Harvey from Ms. Something.

    Don't take this new Real ID personally. It is all part of the post 9/11 security theater.

  7. #17
    Join Date
    Jan 2018
    Posts
    7

    Default Re: Real Id Driver's License Issues

    Still confused. I understand what you're saying and what you're saying about DHS. In my situation the name on the Source Document (My KY driver's license) and the name requested to be on the issued document (Florida Driver's License) is the same. The traceability, which was never questioned before, is now the issue and that seems to complicate my entire life.

  8. #18
    Join Date
    Jan 2006
    Posts
    38,767

    Default Re: Real Id Driver's License Issues

    Then would everybody explain how she had a passport in her assumed name? Is that not evidence of your legal name?


    Mrs...

    i do undertand their point. The REAL ID is what is hamstringing the isssue. An assumed name IS your legal name. The problem is what is the definition of “legal name”. Your legal name is whatever name you use to identify yourself to engage in business. That does make an assumed name your legal. The problem arises with the REAL ID Act there are requirements to prove you are who you are and without an official state recognized change, they don’t accept the assumed name to be your legal identifier. A name is typically your identifier but when you assume a name there is nothing to show you are who you say you are.

    What you need to do is have the state recognize you as Mrs [currently used name] as both your legal name and your legal identifier.

    Now since you have engaged in business under the name of [currentlt used name], I would believe it would not be valid to sign a petition with your birth name since you no longer recognize that as “you”. I do not disagree you need to have your currently used name officially recognized as your identifier.

    So Mr K, since she has legally identified herself as [current last name] for 40 years and is currently recognized by the IRS and whomever issued passports as [currently use name], and holds a current license from Kentucky with that name, what name does she file as petitioner? She cannot prove herself to be [originsl name] but for legal purposes she can prove herself to be [current name]

  9. #19
    Join Date
    Jan 2018
    Posts
    7

    Default Re: Real Id Driver's License Issues

    JK, If only I had kept my passport current this issue wouldn't even exist since that covers every ID issue, I'm told. I just can't believe what my life is turning into. You seem to be the only one who understands the entire situation but I still don't know what to do or how to do it, to solve my predicament.

  10. #20
    Join Date
    Jan 2006
    Posts
    38,767

    Default Re: Real Id Driver's License Issues

    I don’t think you have much option but to officially change your name to the name you use for all legal purposes currently. Given your current legal signature uses your “married” name, that is how you would sign the petition. As to the title of the petition where it asks in re: change of name for _________. Well, I’m stuck on that. Since you are not known by your maiden name, to me, it would seem odd to use your maiden name.

    There is a question asking for original name. I would suppose you place birth name there. And desired name change would be the name you use currently.


    Anyway i I look at it, it looks odd.


    I suppose you could go through and change everything to your birth name. I just don’t know how you would prove it’s you. I can see the conversation at the dmv now:

    You: I need to correct my last name on my license.

    Dmv; and why do you need to change your last name; did you get divorced?

    you; no

    dmv; married?

    you; no

    dmv: did you change your name at the court?

    you: nope

    dmv; can you prove the name you want it changed to is you?

    You; well, sort of.

    dmv: then why do you want to change your name?

    you: well, for 40 years I’ve been using the wrong name.

    Dmv: wrong name?

    you; ya. It’s like this.......

    and here I am 40 years later and I want to correct my name on my license.


    Im thinking they will have a problem with just changing your name back to your maiden name with nothing showing it’s been changed even though it’s because it never was changed as to why you need to change it now.

    Land that’s only the dmv. Then you have the SS and the IRS to deal with. Try telling them you want to change the name you gained by common usage needs to change back...but you obviously can’t show you use the old name now.

    1. Sponsored Links
       

Page 2 of 4 FirstFirst 1 2 3 4 LastLast

Similar Threads

  1. Driver's License Issues: Do You Have to Get a New Driver's License Immediately After a Name Change
    By blue eyes 63 in forum Driver's Licenses
    Replies: 7
    Last Post: 06-09-2017, 08:02 AM
  2. Modification of Custody: Using My Ex's Driver's License and Domestic Issues in a Custody Case
    By complicated1 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 06-12-2013, 10:27 AM
  3. Washington State Suspended Driver's License. DOL Issues
    By stikystikyricky in forum Driver's Licenses
    Replies: 12
    Last Post: 11-04-2008, 06:16 PM
  4. Suspension and Revocation: Driver's License Issues After California DUI, 7 Years Ago
    By justin25 in forum Driver's Licenses
    Replies: 1
    Last Post: 05-02-2007, 09:25 AM
  5. Licenses and Certificates: Can I Change An Informal Marriage License?
    By ewalk116 in forum Marriage, Cohabitation and Civil Unions
    Replies: 1
    Last Post: 04-26-2007, 03:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources