Name Wrong on Marriage Certificate

Marriage Certificate by The Mocks on Flickr

Marriage Certificate by The Mocks on Flickr

Here’s a question that I’ve actually received a number of times: There is an error in my name as it appears on my marriage certificate. I am very unhappy in the marriage. Does that mistake mean that my marriage is null and void and I can walk away without having to go through a divorce?

Hey, that would be easy, wouldn’t it! I wish the IRS would spell my name wrong when they mail me things and then …. no, you and I can’t even think this way.

Scrivener’s error is a term meaning something similar to a clerical error. For example, in the description of the property boundaries in a deed there may be a typographical error. This does not, without more, mean you own your neighbor’s yard.

In your case, if it was an innocent mistake on the part of the clerk who entered your name into the system to produce your marriage certificate, and if you entered the marriage with intent to marry, the typo is not a valid “get out of jail free” card, invalidating your marriage.

About Andrew Myers

Attorney Myers is a member of the American Trial Lawyers Association, Massachusetts Academy of Trial Lawyers, and New Hampshire Trial Lawyers Association. The Law Offices of Andrew D. Myers offer a broad range of legal services in personal injury cases in Massachusetts (MA) and New Hampshire (NH).

Discuss: “Name Wrong on Marriage Certificate”

  1. May 1, 2012 at 5:45 pm #

    Thanks for the info! My soon to be ex’s name on his birth certificate is different than on our marriage licence ex randolph instead of randy.

    Posted by Lacey

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