Is my marriage legal?

Due to a long ago domestic violence relationship (not a marriage), I began using an assumed name in 1990. I never legally changed my name, but I got a social security number in this name and have worked, paid taxes, had children, got married, bought a house, and essentially lived as I otherwise normally would have - always using this created, fictional name. I told my husband everything about this situation 2 weeks after we met. He said he didn't care. I wanted to fix the name and social back to my real ones, but never had the money and I was scared to do it. Now we are getting a divorce, we have 2 children, there was domestic violence, I have a permanent protective order against my husband and a judgement under the Family Violence order that requires him to pay our house payment as temporary child support. There are two pending cases against my husband - one for stalking, one for violation of the TPO (prior to obtaining the PPO). My 4 yr old son has emotional problems so I only work part-time and have started my own part-time sewing business to provide for my kids. I have to pay everything but the house payment. My legal fees quickly amounted to more than I could pay and my attorney was allowed to withdraw from my case. I have no attorney. I have gone now to the SS Administration and am in the process of returning to my birth name and am being reissued my original social security number. My husband is trying to have my name removed from our mortgage (I got the lender to send me a copy of a letter he got from them). NOW - my question, if the loan documents can be considered not to be legal, or void, due to the use of a fictitious name - what about the marriage. Are we really married? Do we have to continue with the divorce? or maybe annulment? I know this is long, but it's as short as I could get it. Please advise - any help is appreciated.

My response:

Your "assumed" name is of no consequence to the legality of your marriage. People change their names all the time. When you get married, your don't marry a "name", you marry a "human" - - you marry the person. Your marriage is legal no matter what name you used.

As long as your intent was never to defraud anyone by the use of an "also known as" (a.k.a.) name, then any contract you entered into; e.g., the mortgage contract, or your marriage contract, are all valid, no matter what name you used.

Remember, even a person who can only sign their name with an "X" can enter into a valid contract.

"A rose by any other name, is still a rose."

IAAL

Is my marriage legal? and more...

Thank you for you response to my question, it was very helpful. Now that I know that my marriage contract as well as my mortgage contract, etc., are legal, my next dilemma is this. (BTW, I live in Georgia.) As I mentioned, I have gone to Social Security and they have processed an application for a replacement card that has my original SS# and that restores my name back to my birth name (I was married back in 1983, divorced in 1987 and had retained my last married name - which has been my real legal name since '87). I will find out this week about getting the other SS# linked to my original. I've used the alias name exclusively since 1990. My husband is trying to have my name removed from our mortgage. He told the mortgage co. that I had committed fraud by using an illegal name and SS# on the contract and they wrote a letter to him stating that they would investigate and notify the "proper authorities". They allowed him to password protect our account to keep me from having access to it, but I told them I wanted copies of any correspondence and they sent me a copy of the letter they sent to him. Today he fould out I got the copy and he said "Oh they will remove you from the mortgage when they prosecute you". The letter says they will remove my name when he provides documentation that shows him to have been given sole possession of the house in the divorce (no where near final and that isn't likely to happen since I have our 2 kids and he is facing 2 charges of stalking and harrassement). Anyway, long made short...what are the chances that he can get any charges of fraud brought against me? He knew when we signed the papers that I was using the alias, as I had on the marriage certificate, my children's birth certificates, my employment, taxes, insurance, etc....for the past 11 years- there was no fraud intended, only the continued use of the other name and SS#. ANY HELP GREATLY APPRECIATED. I can't get help from legal aid, they say my case is too complicated and too far along in the process for any lawyer to take it pro bono at this point. I've only enough money to cover the bare necessities for me and my kids and owe my former atty over $4000. I really need help and advice. THANKS TO ANYONE who cares to shed some light on what I can realistically expect.