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Divorce Filed in Spouse's Maiden Name

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  • 06-10-2015, 07:12 AM
    Lee Hoffman
    Divorce Filed in Spouse's Maiden Name
    My husband filed for dissolution of marriage and it was granted, but he filed it in my maiden name. Am I still legally divorced? Or does he have to refile
  • 06-10-2015, 11:51 AM
    adjusterjack
    Re: Divorce Filed in Spouse's Maiden Name
    I did some googling and there is a confusing array of conflicting answers.

    So, to be on the safe side, I suggest you get it corrected.

    It may only be a matter of filing an amendment to correct the court record. If your ex doesn't want to do it, you'll have to. If you can't figure out how, I suggest you have an attorney do it.
  • 06-10-2015, 12:18 PM
    Mr. Knowitall
    Re: Divorce Filed in Spouse's Maiden Name
    When you choose not to follow the instruction to identify your state, you complicate our ability to provide you with information.

    The first thing you should do is investigate how records of divorce are maintained in your state, and check to see if the record of divorce is correct. Even if the caption on the court case used your maiden name, it is possible that the record of divorce as filed with the relevant government agency is correct. (You can see examples of the forms used by some states, here; if you can find the form for your state it likely identifies the agency with which the form from your case was filed, likely the state's department of vital records.)

    If the record of divorce is not correct, then you would be best served by bringing a motion in the divorce court for its correction, and then making sure that a corrected record is filed with the proper agency. Procedures will vary by state.
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