Divorce after a legal name change

[allisonsteph]

I received a bit of a shock yesterday when I received some legal documents pertaining to my divorce. I had assumed  it was final nearly a year ago, and was stunned to find that I am in fact, still legally married. I have been separated from my spouse for over two years and have lived in a different state for over a year now. The papers were filed in California, and I currently live in New York State. This brings up a conundrum that I hadn't thought of when I was first served with the papers over a year ago. I changed my name and gender markers about six months before my ex filed for divorce. I informed my ex of this, yet she filed the papers under my old name, her theory was "I married (male name) I am divorcing (male name)". This has me wondering if my divorce will ever be legally recognized because of this discrepancy.

Has anyone else had experience with this situation?

[KristinaM]

It sounds like you need to get a lawyer involved. Who handled your divorce a year ago? They should be held accountable.

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[allisonsteph]

It sounds like you need to get a lawyer involved. Who handled your divorce a year ago? They should be held accountable.

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There were not and are not any attorneys involved. At the time I was served with the papers I was homeless and living in a park. We do not have children together, there are no assets or debts in dispute.

[Karen5519]

Did you not receive written notification from the Court that you were legally divorced?  They have an obligation in every state that I know of to inform you of such if you did not have to appear  for a final hearing where the judge states on the bench that they have approved the divorce petition.....and even then you should expect something in writing.   Is there any way you can go back online and check in the county records under "family court" and see if there is any record of your divorce proceedings being finalized?  Most counties allow that.  You may also see on that website where things stand in the proceeding.  I cannot see why your divorce will not be granted by the Court after they make an amendment to the proceeding.  Did you have access to mail during the time you were homeless?......did you have a phone?......and did your soon to be ex have your address or number?  The Court or she might have tried to inform you of where things stood in the proceeding.  Just make sure you get and keep a  copy of the final order from the Court and keep it with your name change in the event you have to prove your name to any state, local or Federal agency.  This may well be a bit of a headache for you in the near term but, in my opinion, would not be enough to have your divorce proceeding dismissed once the Court knows the facts behind the name change.  They will probably say that you had a responsibility to inform the Court of the name change.  Good luck!

[allisonsteph]

I had assumed that it was final months ago because of the amount of time that had elapsed. I've lived in four different places and had spent some time living on the streets in the last year or so, I just figured that the mail never found me. I did receive a "request to either default judgment" recently which means the divorce should be final soon.

[Karen5519]

I had assumed that it was final months ago because of the amount of time that had elapsed. I've lived in four different places and had spent some time living on the streets in the last year or so, I just figured that the mail never found me. I did receive a "request to either default judgment" recently which means the divorce should be final soon.

Yes if you do not show up on the appointed court date that is what happens.  The other party gets what they want via default.  You should make sure you get a copy of the final order to insure that you are not burdened with anything that you  had no knowledge about.  Very important!