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SEB1670

Junior Member
What is the name of your state? CALIFORNIA

Just curious (and looking at any and all possibilities)..

(History; X and I were seperated in 2000. I have custody, she pays me support (she's supposed to), and just found out ORIGINAL divorce was never completed - therefore we are still considered married/seperated.. she's now going for Spousal support after 6 years and has lived with someone else and had a child with that person (a cousin) and wants visitation of both our children and custody of 1 of our children - can't handle both at same time (her words), plus her 3rd child from relationship with cousin.)


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Current Situation; She somehow, without going to court (I was there) got her name changed on her ID/DL. This name is on our marriage certificate, but not her legal name (she changed the spelling of her middle name to Elisa from Elsie)...

Question: Does this illegal name change void the marriage? And how? What codes?
Does it fall under fraud? I knew about it, but didn't give it any thought until all this happened.
 


rmet4nzkx

Senior Member
SEB1670 said:
What is the name of your state? CALIFORNIA

Just curious (and looking at any and all possibilities)..

(History; X and I were seperated in 2000. I have custody, she pays me support (she's supposed to), and just found out ORIGINAL divorce was never completed - therefore we are still considered married/seperated.. she's now going for Spousal support after 6 years and has lived with someone else and had a child with that person (a cousin) and wants visitation of both our children and custody of 1 of our children - can't handle both at same time (her words), plus her 3rd child from relationship with cousin.)


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Current Situation; She somehow, without going to court (I was there) got her name changed on her ID/DL. This name is on our marriage certificate, but not her legal name (she changed the spelling of her middle name to Elisa from Elsie)...

Question: Does this illegal name change void the marriage? And how? What codes?
Does it fall under fraud? I knew about it, but didn't give it any thought until all this happened.
You already had your quetitons answered re how to finalize your divorce. She may file to modify current custody, child support or visitation orders. She may threaten many things but you don't have to act on anything other than the current court orders, you may wait for her to file in the court with jurisdiction for your case. You may file to modify as well and some of that will depend on whether or not you are able to get the divorce decree granted nunc pro tunc.

She is an adult and doesn't need your permission to petition the court to change her name legally and in the case of women they may legally use their maiden name as their middle or hyphenated name, in fact you cannot force her to stop using your last name. Now IF she in some way changed her name based on the presumption that a part of your divorce inculded the restoration of her maiden name and she has been representing herself to be divorced a/o a certain date, that would give you more reason to be granted the divorce nunc pro tunc and estopp her from modifying her claim to spousal support. AND even if she is successful in petitioning the court to order spousal support, she would have a difficult burden of proof.

I strongly suggest that you petition the court to grant your divorce nunc pro tunc before she serves you with any new petitions. Secondly you need to file to challenge paternity.
 

SEB1670

Junior Member
A while before we were married, I took her to the DMV to get her ID/DL and she told the clerk that her Middle Name was something else. The clerk changed it without asking for proof of the change = he just did it and that was it.

She never legally changed her middle name with the courts before we were married... and I understand that I can't force her to change her name back to her maiden last name... She can keep it until whenever, because of the kids...

When we were married, she used that ('new') Middle name on the marriage certificate, I was just curious if this voided the marriage... If I'm fishing, then I'm fishing.

I did find out that the Facilitator was able to reopen the previous case and I received paperwork and Response forms. I'll be looking to file a change of Venue.

Where do I find the form (and what number is it) to dis-establish parentage of the 3rd child?

Thank You!
SEB1670
 

rmet4nzkx

Senior Member
SEB1670 said:
A while before we were married, I took her to the DMV to get her ID/DL and she told the clerk that her Middle Name was something else. The clerk changed it without asking for proof of the change = he just did it and that was it.

She never legally changed her middle name with the courts before we were married... and I understand that I can't force her to change her name back to her maiden last name... She can keep it until whenever, because of the kids...

When we were married, she used that ('new') Middle name on the marriage certificate, I was just curious if this voided the marriage... If I'm fishing, then I'm fishing.

I did find out that the Facilitator was able to reopen the previous case and I received paperwork and Response forms. I'll be looking to file a change of Venue.

Where do I find the form (and what number is it) to dis-establish parentage of the 3rd child?

Thank You!
SEB1670
No, the fact that she changed her middle name doesn't give you grounds for nullity.

The fact that the divorce is open up allowe you to espond and ask for the divorce to be finalized nunc pro tunc, please refer to the esction of CA FC for the instrucitons on the required declaration, then you will not have to worry about child #3.
 

SEB1670

Junior Member
Thank you!

I will do as y'all have suggested. I'll let you know what happens when it's over (unless I need a little help along the way...)

SEB1670
 

rmet4nzkx

Senior Member
SEB1670 said:
Thank you!

I will do as y'all have suggested. I'll let you know what happens when it's over (unless I need a little help along the way...)

SEB1670
We will look forward to the update.:)
 

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