Legal Question in Family Law in Florida

After my marriage in 1990 I found out my husband did not use his birth/legal name. He, for a long time had been going by his step-fathers name, but he was not adopted. I did not know that this was not his legal name. We separated in 1993 and I have not seen or spoken to him in 22 years. Was I legally married? I wish to remarry and am hoping that marriage was valid, and I do not have to go through a divorce. I have no idea where he is living or where he has been in the past 22 years.


Asked on 5/27/15, 9:35 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Depends - if you have witnesses to your wedding then yes you could fight that you are married. As to the name - interesting dilemna but I would say that you need to get a divorce. Contact the SS office and see if he is receiving SS. They wont tell you the amount but if he is deceased, they will tell you that. I am sure you know some family members, you will need to do a diligent search. The divorce can be done by construction service (publication in the county where he last resided).

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Answered on 5/27/15, 11:54 am
John Smitten Carey and Leisure

You should presume you are married so if you want to do a divorce you should hire a lawyer to assist you with that.

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Answered on 5/27/15, 2:47 pm


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