Legal Question in Family Law in California

legal name

thought was legally married for 15 yrs, but husbands first marriage divorce was never finalized. can i change my name and all info back,do i need any legal doc, what happens to our mortgage?


Asked on 9/22/08, 6:58 pm

3 Answers from Attorneys

James Obecian law office san diego

Re: legal name

You have all the rights of a spouse as you believed you were married. If you wish to declare this marrage a nullity, then you must file in family court and restore your maiden name that way.

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Answered on 9/22/08, 7:14 pm
James Obecian law office san diego

Re: legal name

Please call me for assistance or to discuss your goals or your current status. You are considered a "putitive spouse."

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Answered on 9/22/08, 7:16 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: legal name

You marriage may not be valid right now, but if your husband your his (ex)wife were to enter a nullity of that marriage or enter judgment effective "nunc pro tunc" that would validate your marriage. You should bring an action for nullity and in the alternative dissolution of marriage. In that way you are protected. I suggest that you talk to an attorney to make appropriate plans, a misstep could cost you a lot of money. Call my office and tell them that I have offered a free consultation. I practice primarily family law in the El Cajon court and have for 28 years. I teach seminars at the court house for attorneys and judges. Good Luck, Pat McCrary

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Answered on 9/23/08, 12:33 pm


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