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  1. #1
    Join Date
    Sep 2015
    Posts
    1

    Default Is a Divorce Valid if There's an Error in a Party's Name

    My question involves a marriage in the state of: Indiana.
    My husband's lawyer used the wrong name on all of our paper work. An example of it is (not my really name) Kerry Ann Coleman-Smith. But everything show Kerry C. Smith. Is my divorce legal?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Is a Divorce Valid if There's an Error in a Party's Name

    If you believed that you were misidentified on court documents, why did you sit on your hands instead of acting to correct the case caption at the time? If you entered into a settlement, why did you sign off on a settlement that identified you by a name that you now contend is in error? If you litigated, why didn't you tell the judge to use your correct name in the judgment?

    You have not identified any procedural irregularities other than a minor discrepancy in your name. If that's the whole of your concern, your divorce is valid. If you anticipate some sort of problem, you can consider bringing a motion with the divorce court to correct the error.

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