Legal Question in Family Law in Georgia

can my husband file for divorce in the state of GA using my maiden name instead of my legal name and is this legal or does he have to refile using my legal name?


Asked on 7/27/10, 1:28 am

1 Answer from Attorneys
Ralph Villani VILLANI LAW FIRM

Madam/Miss

He must file with legal name, however, under the CPA, he is allowed to amend his pleadings to correct a misnomer.

You need to file an answer within 30 days of being served (correct name or not)!!

In your answer, file all defenses including, but not limited to, misnomer of defendant (you).

Hire a good Family Law attorney in your area ASAP (it's important to have LOCAL counsel in these types of cases (especially if there are chidren involved or extensive property to be divided).

Good luck,

Ralph J. Villani

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Answered on 7/27/10, 6:54 am


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