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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Scenario: Jane and John Doe get divorced. Jane keeps Doe as

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Scenario: Jane and John Doe get divorced. Jane keeps Doe as last name. Jane secretly remarries a year later and takes her new husband's name (Johnson) for her military ID and obviously for taxes, but keeps Doe for bank account and driver's license. She is now operating under two names with two different pieces of government issued ID. Question 1: Is this legal? Question 2: John Doe needs to take her back to court for child support. Under which name does he file against her?

Thanks so much!

There would be nothing illegal about use of the two last names. Bank accounts etc are based on SS numbers. And while it may alleviate confusion to notify the bank and others of her legal name change, it is not mandated by law that she does so.

However, if there is a court matter that needs to be resolved, the ex spouse would file under the name which is currently on file in the matter. So if it is "Doe" that is how they will file. They can note that the party is the "former Doe" now known as "Smith" due to marriage.

Please let me know, if you have other questions.

Thank you
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