scrubbedexpat084

Hi,

didnt want to go back into the thread originally started about divorce. But wanted to ask a quick question. On the divorce papers i have been served, the first page and others have obviously been filled out by my husband. It says: enter other party's full legal name. I am the other party. He filled out the name on my GC.

My question is this, what is my full legal name. My GC has my married name on it, my passport is still my maiden name, as far as i know my birth certificate is my full legal name. Any clues on this, as i dont want to fill out forms like this without providing the proper legal information. He claims it is ok to put the married name, although i have not changed that legally.

kimilseung

It is my understanding (as a non lawyer) that the US permits legal name changes provided that it is not for fraudulent purposes. So that your married name can be considered your legal name. If you have reverted to using your maiden name, then that would be considered your legal name.

MidAtlantic

How are you generally known? What is the name on your driver license, bank accounts or anything else official?

That, especially if they are the same as your GC, will give you direction.

yellowroom

Both your maiden name and your married name are legal names. You are not required by law to change your name on marriage.

scrubbedexpat084

i did not legally change my name, hence the question. I use my maiden name on a bank account simply because that was opened before the marriage, otherwise i use my married name. What the hell, if its not ok, then they wont accept the divorce papers and we will start all over again.

kimilseung

It is my understanding that the use of a different name makes it legal. What you are saying is that you did not go through a legal framework to change it, but you still legally changed it by use.

Pulaski

The question that appears to be confusing people, including the OP, is the difference between "legally changing your name" e.g. by deed poll, and whether "a change of name is legal" e.g. as is customary in the US and UK after a woman gets married - there is, in both countries, a common law right, but no obligation, for a woman to be known by her husband's surname without going through any process other than getting married.

It seems that the OP has not legally changed her name, BUT a change of name after getting married is entirely "legal". And after divorce a woman can revert freely to her maiden name without any further legal process other than the divorce decree, or keep her married name; it's her choice.

...... In short, either name will do.

Rete

I understand the reason why you are asking and others have answered.

The divorce papers are not nullified because they use your married surname. You were legally given the right to use that surname upon marriage, which you did when you had the green card done in your married surname.

Wintersong

If in any doubt, use a.k.a. Both names are perfectly legal.

I never officially changed my name to my married name, due to time constraints regarding passports, visa appointments etc. and then it just seemed like too much hassle. However, my Mum is somewhat of a traditionalist and insists on addressing mail and everything else to me using my married name no matter how many times I tell her that isn't actually my name. One time she wrote a cheque to my married name. I took my marriage certificate to the bank and they now have me down as maiden name a.k.a. married name. No problems at all. Except with my mother - she's a different story

scrubbedexpat084

Many thanks to everyone, I will sign the papers with the married name that he originally filled them out with. Thankfully the ones i filled out with are not with a stamp so can easily be redone.

Chapdawg

If I may make a recommendation my dear I'd like to . Because of the situation you are in, I would highly recommend at this point that you continue to use your husbands name until everything is through..

All too often During the divorce, the woman will resort back to her maiden name out of retaliation, which is all well and dandy once you are through all the legal process.

Use the name that is on your green card until everything is done to prevent confusion over your current name, otherwise the confusion and chaos for paperwork etc will drive you and others insane. Keep it streamlined and simple!

scrubbedexpat084

Firstly my dear, I am simply asking this question because I want to abide by the law, not because I am retaliating or whatever assumption you are making. At the end of the day my legal name is that on my birth certificate. However, my husband filled out the forms using my married name, and I therefore posed the question as to what is my legal name, which is what they want on the divorce papers. Thank you my dear for your response though. There shall be no confusion because I clearly wont be signing divorce papers with 2 different names.

Pulaski

Maybe the divorce judge will be confused and think your husband has two wives?

Chapdawg

No need to get your knickers in a twist, I answered your questions the best I could. Your legal name is what your name is now which will be his last name and your first name.

All I was trying to say was don't try to resort back to your maiden name, ex boyfriends name, or the next Mr right"s name because it causes confusion during the paperwork when they ask you your name etc.
Good luck !

Nutmegger

You are missing the point that although the OP could have used her OH's last name if she wished, she did not, and still uses her own name. Her name now is what it has always been. The fact that her OH has put HIS last name on the papers is further evidence of his controlling nature.