Use of False Identity/Legality and Recoures

[xgilady]

What is the name of your state? VA

He thought he got married.

1992 Mr. Smith married Ms. Wacko-Thomas
1997 Mrs. Wacko-Thomas-Smith divorces Mr. Smith. The court restores Mrs. Wacko-Thomas-Smith to her "maiden name" - Ms. Wacko

1993 (yes, 1993) Mrs. Wacko-Thomas-Smith divorces Mr. Thomas (she neglected to do this prior to the wedding; and, does not tell Mr. Smith)

2003 Mr. Smith finds out he was not legally married to Mrs. Wacko-Thomas
2004 Ms. Wacko-Thomas-Smith is still using the name Mrs. Smith

What is her legal name (is this utterance or something like it)
What recourse is there for this?
What remedy is there to make her stop using his name?
How binding are the terms of the latest divorce if there was no legal marriage?

There is a child involved, Master Smith
Is there cause and/or effect on the custody, CS, etc.

What does Mr. Smith need to know to remedy all of this?

Mr. Smith is planning to marry again, soon.

 

[BelizeBreeze]

Mr. smith needs to have a cold Samuel Adams and forget the whole thing. He has no rights to any name or the control over anyone who uses the name.

 

[xgilady]

No Right to a Name?

It is his name she is using, and it was never legally hers to begin with. Remember, the marriage was not legal. She married Mr. Smith while still being married to Mr. Thomas.

 

[stealth2]

Regardless, he cannot bar her from using any name she pleases.

 

[xgilady]

It's not her name!

I don't think you can just go to the DMV or the SSA and tell them that you want to use a "new" name, just because you want to without going through the court system to change your name. She had no "Legal" documentation that changed her name to Mrs. Wacko-Thomas-Smith, since the marriage was not legal. And, the last document issued by a court restored her name to Ms. Wacko. Although, again, I question the validity of that document, since it was a divorce decree for a marriage that was not legal to begin with.

Is your response, objective or subjective?

P.S. That whole native language comment. German is my native language, not English. I find it offensive, although I think I understand the spirit of it.

 

[BelizeBreeze]

I don't think you can just go to the DMV or the SSA and tell them that you want to use a "new" name, just because you want to without going through the court system to change your name. She had no "Legal" documentation that changed her name to Mrs. Wacko-Thomas-Smith, since the marriage was not legal. And, the last document issued by a court restored her name to Ms. Wacko. Although, again, I question the validity of that document, since it was a divorce decree for a marriage that was not legal to begin with.

Is your response, objective or subjective?

P.S. That whole native language comment. German is my native language, not English. I find it offensive, although I think I understand the spirit of it.

Well then, Sie haben ihre Antwort.

 

[xgilady]

The name?

objective or subjective input?

 

[stealth2]

To change one's LEGAL name, one needs to go through the court system. But otherwise, one can use any damned name one pleases. Additionally, if she decided to legally change her name to Smith, Mr couldn't do a damned thing about it.

What native language comment?

 

[rmet4nzkx]

objective or subjective input?

Of the issues you raised in your question, he can't force her to stop using his name. At the time she changed her name, she had documets to change it, what she does in the future may be a different story. Some women use their maiden name, married name and may also use a hyphenated name all without recourse, unless it is for the purpose of fraud, that was not your question, nor question about the child or bigamy. It is more difficult for a man because they do not usually change their names.

 

[xgilady]

I appreciate the involvement in this thread, but are we getting or missing here....the documents she had (the marriage license and certificate of marriage) were not legal. She was still married to Mr. Thomas when she married Mr. Smith. Granted, if she wants to go to court and legally change her name to Ms. Ima Smith, she could, but she can't possible change her name to "Mrs." Joe Smith.

 

[BelizeBreeze]

Hell, I even use the name Smith when I'm with a blond, Jones with brunettes and Magoo with redheads.

Now all I need is to find a bald gal

 

[stealth2]

And OP - is the real problem that you're about to become the next Mrs Smith and you don't like the fact that she's still using the name?

To answer your other question - her using Smith as a name or not is going to have no effect on custody.

 

[stealth2]

P.S. That whole native language comment. German is my native language, not English. I find it offensive, although I think I understand the spirit of it.

As I said in my response to your PM:

Oh for Christ's sake. Do you actually READ any of the other posts and how horrid (edited to correct typo) their use of language is? It's a standard sig that is on all my posts - deal with it.

And I'll put that up in the thread, too. Get a grip, lady.

Not from my response - be as offended as you want. Go complain about it to the mods, even.

(edit) And ya know - this annoyed me so much, I think I'll BOLD it, too.

 

[xgilady]

Not the next Mrs. Smith

No, I am not the future Mrs. Smith (all made up names of course). I am too wise for that foolishness.

To Belize, sorry my hair has all grown back now, after the chemo. Just flip through the white pages and pick a name. Don't forget to find out what names Mrs. Belize is using on her outings so you can check the hotel register to make sure you're not showing up in the same place at the same time....

So what about the bigamy? Is it bigamy? I have not checked the legal definition.

 

[stealth2]

So why ARE you so invested in this?