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I don't even know if I'm married

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lani68

Guest
undefinedWhat is the name of your state? Texas

I was married in Honloulu Hawaii and have recently found out that according to the HRS 574-5(B) my marriage was not legal. So if it's not legal does that mean I need to get divorced? If I don't have to get a divorce how can I get something stating that it was never valid.
 
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I AM ALWAYS LIABLE

Senior Member
lani68 said:
undefinedWhat is the name of your state? Texas

I was married in Honloulu Hawaii and have recently found out that according to the HRS 574-5(B) my marriage was not legal. So if's it's not legal does that mean I need to get divorced? If I don't have to get a divore how can I get something stating that it was never valid.


My response:

And, guess what? We don't know if your marriage is valid, either.

Why are you making us do the guessing, and why are you making us do the work?

We're here to give legal answers - - yet you have given us virtually no facts or background concerning your marriage, and you haven't copied and pasted the law you found to your post. We have no reference with which to compare the facts of your marriage to the law you found.

Until you fill in the blanks, we can't help you.

IAAL
 
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lani68

Guest
Ok Here's the background...

I was divorced in the state of hawaii in my decree I went back to my maiden name.So I had my formal name change done. Shortly after my divorce I got married and did not have a "valid" picture with my maiden name on it as it had expired.So I used the only other picture id I had on me which was my prior married name. I did however change my ss card back to my maiden name that that also constituded my legal name change. As well as the divorce decree saying i should be known hereafter as such and such.

The hawaii staute is as follows

§574-5 Change of name: procedure. (a) It shall be unlawful to change any
name adopted or conferred under this chapter, except:


(1) Upon an order of the lieutenant governor;


(2) By a final order, decree, or judgment of the family court issued as
follows:


(A) When in an adoption proceeding a change of name of the person to be
adopted is requested and the court includes the change of name in the
adoption decree;


(B) When in a divorce proceeding either party to the proceeding requests to
resume the middle name or names and the last name used by the party prior
to the marriage or a middle name or names and last name declared and used
during any prior marriage and the court includes the change of names in the
divorce decree; or


(C) When in a proceeding for a change of name of a legitimate or
legitimated minor initiated by one parent, the family court, upon proof
that the parent initiating the name change has made all reasonable efforts
to locate and notify the other parent of the name change proceeding but has
not been able to locate, notify, or elicit a response from the other
parent, and after an appropriate hearing, orders a change of name
determined to be in the best interests of the minor; provided that the
family court may waive the notice requirement to the noninitiating,
noncustodial parent where the court finds that the waiver is necessary for
the protection of the minor;


(3) Upon marriage pursuant to section 574-1;


(4) Upon legitimation pursuant to section 338-21; or


(5) By an order or decree of any court of competent jurisdiction within any
state of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of the United States, changing
the name of a person born in this State.


(b) The order of change of name by the lieutenant governor shall be founded
upon a notarized petition. The petition shall be executed by the person
desirous of making the change of name. In the case of a minor, the petition
shall be executed:


(1) By the parents;


(2) By the parent who has custody of the minor with the notarized consent
of the noncustodial parent; or


(3) By the guardian of the person of the minor.


(c) The filing fee of $100 shall accompany the petition when submitted and
shall not be refundable.


(d) A notice of change of name signed by the lieutenant governor shall be
published once in a newspaper of general circulation in the State as
mentioned in the order for change of name, and the petitioner within sixty
days of the signing of the notice of change of name shall deposit at the
office of the lieutenant governor an affidavit executed by an officer of
the newspaper publishing the notice showing that the notice has been
published therein. The affidavit shall have attached to it a clipping
showing the notice as published. Failure to deposit the affidavit of
publication as required shall void that petition for a change of name by
that petitioner.


(e) When the petition is accompanied by an affidavit executed by a
prosecuting attorney of this State, the affidavit shall show that for the
protection of the person desirous of making a change of name, the following
actions shall not be necessary:


(1) Publication in a newspaper of general circulation in the State; and


(2) Recordation in the bureau of conveyances.


I contacted the law library for the state of Hawaii and they sent me this reply

"It seems that unless you formally resumed your maiden name, upon or after
your divorce, per HRS §574-5(B) below, your prior married name was still
valid at the time of your marriage. See also HRS §§ 572-1 & 572-1.5 re
requisites of a valid marriage."

I did however resume my maiden name upon my divorce per HRS 574-5(B) So the name I used wasn't valid.Basically I was married under an assumed name which makes the marriage void I just dont know where to go from here.
 
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stephenk

Senior Member
"Basically I was married under an assumed name which makes the marriage void I just dont know where to go from here."

What is the legal basis for that conclusion?
 
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lani68

Guest
Not a conclusion that's what I was told when I called hawaii, was that when I got married since I did not marry using a legal name that the marriage was not legal. Since my name change had been done the name I used became an assumed name.

Tho I could not get anyone to tell me what I needed to do as my next step.
Looks kind of odd asking for a divorce if I'm not married.

From my understanding you can't enter into any kind of binding contract using an assumed name.
 
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