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Roger, Attorney
Category: Family Law
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I signed the marriage license with my husband's last name but

Customer Question

I signed the marriage license with my husband's last name but never changed my name over. Do I have a case to dispute the marriage on a technicality?
JA: OK. The Family Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I got married in 9-2010
JA: Anything else I can tell the Family Lawyer before I connect you two?
Customer: Sorry. I got married in September of 2010. He told me the day after marriage that he was convicted of rape. I said I wanted a divorce due to him hiding the past from me. But he ran to Texas. I cannot get a hold of him in anyway. I'm always given a false address. I'm trying to find a way to divorce him without him around. Please help!
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Family Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist. The signatures being different than your legal name likely wouldn't be enough to invalidate the marriage as long as it could be proven that you are the same person that signed the marriage license. Also, if the license was signed by you in a name that wasn't legally yours, it could backfire and actually cause you some trouble -- for signing the license with an improper name.
Expert:  Roger replied 6 months ago.
That said, you would have the right to sue for a divorce, regardless of this. Even if you can't find him, you can file for divorce and issue a summons in the local newspaper....if he doesn't appear, you can get a divorce without him ever having to appear.
Customer: replied 6 months ago.
How would I go about this
Expert:  Roger replied 6 months ago.
But, in order to be able to serve process via publication (in the newspaper), you will have to inform the court that you've done all you can to find him and personally serve him with process.
Expert:  Roger replied 6 months ago.
In order to get this done, you'd simply have to file a petition for divorce in your local county court, name him as a defendant and state in the petition that after diligent search and inquiry, you've been unable to locate your spouse, and request that he be served with process via publication.
Expert:  Roger replied 6 months ago.
It would be best if you can hire a local lawyer to assist you with drafting the complaint for divorce and getting the publication done properly to make sure his due process rights are respected so the divorce will be legitimate.

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