Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I'm a woman legally married to another women in upstate New…

Customer Question
I'm a woman legally married...
I'm a woman legally married to another women in upstate New York she left me in 2012 and is now residing in the state of Florida and going by her maiden last name but as far as I am aware we never been legally divorced so is this legal for her to be living in another state going by her maiden name?
Submitted: 1 month ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
1/3/2018
Family Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 40,026
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

After the marriage did your spouse legally change her last name to yours?

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 1 month ago
she did
Family Lawyer: Barrister, Lawyer replied 1 month ago

Then it is technically improper if she is going by another name than her legal name, but it isn't illegal, as in a violation of some type of criminal law. A person can go by any name they choose, but on formal legal documents, like a driver's license or passport, they have to use their full legal name..

.

Some states, such as California, allow a person to change her name merely by beginning to use a new name, thereby avoiding the formal process of name change. This process is called the usage method or common law method of name change. Even though a state may allow this method of name change, most government agencies still require a court order as proof of the name change.

.

.

thanks

Barrister

Ask Your Own Family Law Question
Family Lawyer: Barrister, Lawyer replied 1 month ago

Further, it is also possible that she may have filed a formal name change petition in the courts as there would have been no legal obligation for her to notify you of that since a person can change their name any time they want to as long as they are not doing so to evade law enforcement or avoid creditors..

.

.

thanks

Barrister

Ask Your Own Family Law Question
Family Lawyer: Barrister, Lawyer replied 1 month ago

Did you have any further questions I can help with?

.

.

thanks

Barrister

Ask Your Own Family Law Question
Customer reply replied 1 month ago
how do I know if we are still legally married then?
Family Lawyer: Barrister, Lawyer replied 1 month ago

She would have to have notified you if she had filed for divorce and had you served with a divorce petition.

.

But changing a person's name doesn't have anything to do with whether they are married or not..

Ask Your Own Family Law Question
Customer reply replied 1 month ago
How can i find out?
Family Lawyer: Barrister, Lawyer replied 1 month ago

How can you find out what? If she filed for divorce? If that is what you mean, then if you haven't been served by a sheriff or process server with a legal petition for divorce, then you aren't divorced..

.

If you know where she is in FL, you can always contact the local courthouse in the county where she lives to see if any divorce case has been filed in her name...

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Where can i go in my local ar5to see if we been divorced? Also do you do divorce cases
Family Lawyer: Barrister, Lawyer replied 1 month ago

You can only file for divorce in the county where you have lived for at least 6 months.. So if you know where your spouse lives in FL, you can call the local court there to see if she has ever filed a divorce case. But if she has lived in other places and lied and claimed you were gone and unable to be contacted, then she could get a default divorce and you wouldn't ever know it unless you contacted the local courts in every place she has lived at least 6 months..

.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

.

www.martindale.com

.

www.lawyers.com

.

They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

.

.

thanks

Barrister

Ask Your Own Family Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 40,026
40,026 Satisfied Customers
Experience: Attorney with 17 years experience

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

40,026 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Is an online marriage. In Alabama. Legal in the state of
Is an online marriage. In Alabama. Legal in the state of Kentucky? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband and I are divorcing after 13 years of marriage. I
My husband and I are divorcing after 13 years of marriage. I understand I'm only eligible for the portion of his 401k during the time we were married, but how much (percentage wise) am I entitled to a… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,671 satisfied customers
Is a marriage legal if one of the parties were incarcerated
Is a marriage legal if one of the parties were incarcerated at the time of marriage … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was divorced 3 1/2 years ago after 33 years of marriage in
I was divorced 3 1/2 years ago after 33 years of marriage in Florida. I was manipulated by my ex-husband to use the same lawyer. He used half of his 401k To buy me out of the house we built. He had me… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
Want to know to procedure for name change. The person is
Want to know to procedure for name change. The person is living in Nassau County, New York… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,913 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,231 satisfied customers
I have a recent name change do to marriage. How do I go
How do I go about making the change on my TSA record? We will be traveling on Jan, 16th and I would like to expedite the process to reflect the change before that time as my ticket fo the trip has been issued in my new last name. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
My daughter just got married what does need for name change.
my daughter just got married what does need for name change … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am in the process of a name change for my two daughters.
I am in the process of a name change for my two daughters. We are also getting their birth certificates updated. Is it ever possible to leave the father off during a name change? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,308 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about a court order for a name change for
I have a question about a court order for a name change for a child. The law says: As with adults, the change of name of a minor is conditioned upon proper publication. Upon receipt of the judgment, t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
569 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
In california divorced 5 years, term marriage my alimony is
In california divorced 5 years, long term marriage my alimony is higher than child support … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,231 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The divorce is happening in FL. During the marriage I was
The divorce is happening in FL. During the marriage I was awarded a settlement regarding a lawyer not filing dental damage, pain and suffering of 79,000. My spouse asked for a divorce 6 years later. T… read more
LegalGems
LegalGems
Juris Doctorate
11,009 satisfied customers
When picking up marriage license I asked about name change.
Hi Pearl, Im Jennifer. When picking up marriage license I asked about name change. They said just get changed at Social Security and the to Drivers License and off I go. (Scary about the other require… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x