Legal Procedures for Fixing Errors in Marriage Certificates

Your marriage certificate is the legal document that provides proof of marriage. It’s an official government document. You can use a marriage certificate to get insurance coverage, open a bank account, or get an official name change after your marriage.

Unfortunately, the records office sometimes makes mistakes. You need to change or amend your marriage certificate if there’s an error. While changing your certificate can take time and money, leaving it with an error can cause problems later.

The process for rectifying errors in a marriage certificate depends on where you get married. Family court procedures can vary by state and county. For legal advice about fixing your marriage certificate, talk to a local family lawyer.

How Can You Fix Errors in a Marriage Certificate?

After you get your marriage license, check it closely for accuracy. Make sure your name is spelled correctly, and check your date of birth. Depending on the jurisdiction, check the following information on your marriage record:

• Name (first, middle, and last)
• Misspelled words
• Incorrect dates (birth date or date of marriage)
• Place of the marriage ceremony
• Social Security number

If your marriage license has an error, you can usually fix it before filing it with the county clerk’s office. Talk to the clerk or court about fixing the error. They may be able to correct the error before filing or issuing a new license.

If you get a certified copy of your marriage certificate and notice an error, you may need to go to court for a correction. The county clerk may not be able to change your marriage record without a court order. You can file a petition with the court, explain what happened, and take the court order to the clerk for a corrected marriage certificate.

Why Is There an Error on My Marriage Certificate?

An error could be on your marriage certificate for many reasons. Generally, it’s due to an error made by you or your spouse, the wedding officiant, or the person at the vital records office. This includes:

• Clerical errors
• Translation of hard-to-read handwriting
• Not reading the instructions
• Information put in the wrong place

For example, if your officiant made an error when filling out your wedding license, the county recorder’s office may enter the wrong information in your marriage record. If your marriage license was correct as submitted, the county clerk employee could have made a typographical error. Whatever the reason, your next step is to get the error corrected.

Where Do You Go To Change Marriage Certificate Errors?

Where you go to change marriage certificate errors depends on the state or county. In general, you have to file for an amended marriage certificate in the county where your marriage took place. Depending on the state, this is the county clerk, public health records department, or vital records office. Sometimes, you can make changes directly with the records office. Otherwise, you’ll have to get a court order from the local courts.

In some situations, you may need to present both the original (with the errors) and the amended marriage certificate. Together, these represent your marriage record.

What Happens if the Wedding Certificate Name Is Misspelled?

An error on your marriage certificate could cause problems with government agencies, insurance companies, and name changes. Errors could make it difficult to use the incorrect marriage certificate to get the rights and benefits of marriage.

Many spouses get a legal name change after marriage. They can then use their new certificate to change their name on important records and accounts, including:

• Social Security card
• Driver’s license
• Bank accounts
• Credit cards
• Insurance records

A misspelling in your marriage certificate will reflect as a misspelling on your name change records. Even if you explain the certificate is misspelled, they won’t just make a name change based on your explanation. This is why you need to get an official record with the correct information.

Do You Have To Get an Amended Marriage Certificate In-Person?

Unfortunately, it depends on where you got married. You need to get the amended marriage certificate in the county where you got your marriage license. Some states will allow you to apply for an amended marriage certificate online or over the phone. Others may need you or a legal representative to appear in person.

In general, you can get a copy of vital records or request an amendment without having to show up in person. But you may need to submit an affidavit in support of your amendment request. This generally involves having a local notary public certify your affidavit or application.

How Can a Family Lawyer Help?

A family lawyer can explain your options if your marriage certificate has typos. A lawyer can also represent you so you don’t have to deal with the court or county clerk’s office. If other legal problems come up because of misspellings on a marriage certificate, your lawyer can help. If you have questions about rectifying errors in a marriage certificate, contact a family lawyer for help.