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

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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: 3 months ago.Category: Family Law
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1/3/2018
Family Lawyer: Barrister, Lawyer replied 3 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,089
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.

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

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thanks

Barrister

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Customer reply replied 3 months ago
she did
Family Lawyer: Barrister, Lawyer replied 3 months 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..

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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.

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thanks

Barrister

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Family Lawyer: Barrister, Lawyer replied 3 months 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..

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thanks

Barrister

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Family Lawyer: Barrister, Lawyer replied 3 months ago

Did you have any further questions I can help with?

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thanks

Barrister

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Customer reply replied 3 months ago
how do I know if we are still legally married then?
Family Lawyer: Barrister, Lawyer replied 3 months ago

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

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

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Customer reply replied 3 months ago
How can i find out?
Family Lawyer: Barrister, Lawyer replied 3 months 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..

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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...

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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.

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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.

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Thanks much

Barrister

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Customer reply replied 3 months 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 3 months 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..

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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:

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www.martindale.com

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www.lawyers.com

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

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thanks

Barrister

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