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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37837
Experience:  Retired (mostly)
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Hello I am asking this question again My husband and I were

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Hello I am asking this question again My husband and I were divorced in 1991 however he was using an assumed name at that time and that's the name used in the divorce. Is this divorce still valid? I.E. I married XXXXX XXXXX but divorced John Smiyhey. Please help My name is XXXXX XXXXX I live in NM

The divorce is valid. If there is ever a question about your husband's alias, you can have the court enter an order "nun-pro-tunc" (latin trans. "now for then"), by which your husband's name is XXXXX XXXXX may need to serve your ex notice of the motion for the entry of the order.

Hope this helps.
Customer: replied 3 years ago.

My ex and I have been living as man and wife since our divorce. I no longer want.the divorce.

You cannot set aside a judgment of divorce based upon fraud or mistake more than one year after the original date of entry. NM R. Civ. P. 1-060(1)-(3). Obviously, it is long past the one year mark, if you were divorced in 1991.

Your only option is to remarry, unless your spouse was never served the summons and complaint at the commencement of the divorce. If he was, and proof of service was filed with the court, then the judgment of divorce is valid and you cannot undo it -- so you must remarry. If there is no proof of service in the court file from when the divorce was first filed, then there was no jurisdiction over your spouse, and so you were never divorced -- which would mean that there is nothing to do, because you are still married.


However, there is practically no chance that the court would have entered the divorce judgment without a proof of service in the court file. Which means you were almost certainly divorced, and so, you must remarry as your only option.

Hope this helps.

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