What is the name of your state? California.
Quick background. Filed for divorce and trying to avoid attorney's fees and having to appear in court as I've moved to Iowa since filing in California in Aug 2003.
The papers have been sent back to me because the names do not match on the petition and summons.
On the petition I have us listed as:
Me: first name, middle initial, last name
Her: first name, middle initial, maiden name
On the summons:
Me: first name, middle name (spelled out), last name
Her: first name, middle name (spelled out), maiden name
Now that part is obvious, even to me. Question is this; the Marital Settlement Agreement has her listed with my last name and she signed it with my last name. After we got married in Iowa in 1999, we never sent the signed and witnessed marriage license in to get the marriage certificate, so when we moved to California, they made her put her maiden name on her driver's license. Should I use her maiden name for the forms or should I put it down with the same last name for both of us, since that is what's on the MSA?
This part pertains to Iowa marriages:
The question has arisen; are we even married, since we never got the marriage certificate. I think yes, because the ceremony was performed by a judge and he took a copy of the license with him when he was done to file. This leads me to believe we are, but she questioned it and raised enough doubt that I feel the need to ask.
I've decided that I've made far too big of a mess out of this and that this is the last time I'm going to file the papers myself. If they get sent back again, I'm getting at least a paralegal to fill the stupid things out for me. I know my questions are starting to fall outside of the realm of "advice", so any help you guys can give me is greatly appreciated.
Quick background. Filed for divorce and trying to avoid attorney's fees and having to appear in court as I've moved to Iowa since filing in California in Aug 2003.
The papers have been sent back to me because the names do not match on the petition and summons.
On the petition I have us listed as:
Me: first name, middle initial, last name
Her: first name, middle initial, maiden name
On the summons:
Me: first name, middle name (spelled out), last name
Her: first name, middle name (spelled out), maiden name
Now that part is obvious, even to me. Question is this; the Marital Settlement Agreement has her listed with my last name and she signed it with my last name. After we got married in Iowa in 1999, we never sent the signed and witnessed marriage license in to get the marriage certificate, so when we moved to California, they made her put her maiden name on her driver's license. Should I use her maiden name for the forms or should I put it down with the same last name for both of us, since that is what's on the MSA?
This part pertains to Iowa marriages:
The question has arisen; are we even married, since we never got the marriage certificate. I think yes, because the ceremony was performed by a judge and he took a copy of the license with him when he was done to file. This leads me to believe we are, but she questioned it and raised enough doubt that I feel the need to ask.
I've decided that I've made far too big of a mess out of this and that this is the last time I'm going to file the papers myself. If they get sent back again, I'm getting at least a paralegal to fill the stupid things out for me. I know my questions are starting to fall outside of the realm of "advice", so any help you guys can give me is greatly appreciated.