Will a Name Discrepancy Between My Marriage Certificate and Prior Divorce Decree Affect My Divorce?
QUESTION:
I was previously married and adopted my former spouse’s last name. After that divorce, I continued using that married last name. I later remarried, but my second marriage certificate lists my maiden name rather than the last name I was using at the time.
I am now seeking a divorce from my second spouse. The court documents request the name shown on the marriage certificate, which differs from the name reflected in my prior divorce records. Could this discrepancy create a problem in the divorce case, and what documentation or steps may be needed to clarify the name history?
ANSWER:
This type of name discrepancy should not prevent you from obtaining a divorce, particularly where the marriage certificate identifies you by your maiden name and you can show that you are the same person referenced in the prior divorce decree.
In Florida, a person does not lose the right to use a birth name upon marriage, so using your maiden name on the second marriage record is not necessarily improper. To avoid clerical confusion, use the name exactly as it appears on the second marriage certificate in the divorce caption and identify your prior and/or current names where the court form requests other names used; for example: “Jane Doe, also known as Jane Deer.”
Keep certified copies of the second marriage certificate and first divorce judgment available in case the clerk or court requests clarification. You can also ask in the dissolution case to restore a former name, such as Jones or Smith, in the final judgment; Florida courts commonly handle restoration of a former or maiden name as part of the divorce proceeding when requested.