Legal Question.....

[badgirl]

Well I've done the medical question on here and got some pretty good advice, so lets see who knows about the law....

I found out the guy I used to be "married" too wasn't divorced from his 2 previous wives, therefore we were never "legally" married, I have called 2 different lawyers who said since we were never legally married I wouldn't have to get a legal divorce to remarry or change my name back to my maiden name.

The problem is before I can change my name back I am suppose to show some proof that I can do so, since I am not paying 700 bucks for a divorce when I don't need to, what should I do to get my name changed on my social security card and Driver License?

Any ideas :hmmm:

[Braincase]

Depends. How many monogram sweaters do you have?

[badgirl]

Depends. How many monogram sweaters do you have?
None :shake:

[4th and Long]

I found out the guy I used to be "married" too wasn't divorced from his 2 previous wives, therefore we were never "legally" married
I had no idea you lived in Utah. :p

[badgirl]

I had no idea you lived in Utah. :p
I get divorces before I remarry, this guy don't feel the need I guess. :shake:

[KCWolfman]

Have the prosecuting attorney file bigamy charges against the offender and the judge will make all kinds of rulings for you - on the state dime.

[4th and Long]

I get divorces before I remarry, this guy don't feel the need I guess. :shake:
And just how many times have you been married?

[badgirl]

And just how many times have you been married?
Only once before this joker.

[teedubya]

stumppy... be careful bro.

[Miles]

Might be able to find something here ;)
http://www.polygamy.com/

[4th and Long]

Only once before this joker.
So the answer is twice. :hmmm:

[badgirl]

Have the prosecuting attorney file bigamy charges against the offender and the judge will make all kinds of rulings for you - on the state dime.
I'd rather not file charges against him, I just want my name back, do ya think a lawyer would just draw up some papers explaining the situtation and that would work?

If I actually had 700 dollars extra I would go ahead with a divorce just to get the papers but I can't afford that.

Plus he is moving out of state soon and I won't know how to get in touch with him if I did file.

[badgirl]

So the answer is twice. :hmmm:
once legally, once I don't know, I guess I was just living with him for 6 years according to the attorneys.

[4th and Long]

once legally, once I don't know, I guess I was just living with him for 6 years according to the attorneys.
:hmmm:

[KCWolfman]

I'd rather not file charges against him, I just want my name back, do ya think a lawyer would just draw up some papers explaining the situtation and that would work?

If I actually had 700 dollars extra I would go ahead with a divorce just to get the papers but I can't afford that.

Plus he is moving out of state soon and I won't know how to get in touch with him if I did file.
No, I don't think a lawyer is going to do divorce work pro bono. That kind of thing is usually reserved for serious felonies.

Who cares how to get in touch with him? That is the Prosecuting Attorney's responsibility, not yours. Just tell the County Prosecutor that the guy married you before he was divorced and you want to file charges. Otherwise, you will have to do some serious research and file your own paperwork (which I would advise strongly against) or you will have to hire a lawyer and make payments.

[badgirl]

Might be able to find something here ;)
http://www.polygamy.com/
I'll check it out.

[badgirl]

stumppy... be careful bro.
He don't have anything to do with this.

[Phobia]

If you did it in the butt with this guy, you have no choice but to do a 2 bottle sherry enema.

[badgirl]

If you did it in the butt with this guy, you have no choice but to do a 2 bottle sherry enema.
never did, thank God, never ever did. :thumb:

[badgirl]

No, I don't think a lawyer is going to do divorce work pro bono. That kind of thing is usually reserved for serious felonies.

Who cares how to get in touch with him? That is the Prosecuting Attorney's responsibility, not yours. Just tell the County Prosecutor that the guy married you before he was divorced and you want to file charges. Otherwise, you will have to do some serious research and file your own paperwork (which I would advise strongly against) or you will have to hire a lawyer and make payments.
Well I wasn't talking pro bono, but when I legally seperated from my first husband, the lawyer only charged 100 bucks to do it, I was thinking something more along that line, just typing something legal up for me and use that to get my name changed.

[KCWolfman]

Well I wasn't talking pro bono, but when I legally seperated from my first husband, the lawyer only charged 100 bucks to do it, I was thinking something more along that line, just typing something legal up for me and use that to get my name changed.
Depends on the lawyer. I don't think anyone here can answer that question unless they are a lawyer in your state and willing to negotiate with you.

[go bo]

I'd rather not file charges against him, I just want my name back, do ya think a lawyer would just draw up some papers explaining the situtation and that would work?

If I actually had 700 dollars extra I would go ahead with a divorce just to get the papers but I can't afford that.

Plus he is moving out of state soon and I won't know how to get in touch with him if I did file.this is NOT legal advice...

both social security and the state's driver license files should show the name you used before that you want to use now, if you changed your name on those before...

i would go into those offices and take a birth certicate and your current id and see about getting the name changed...

it's possible that it can be done without needing any other papers or court orders or the like...

good luck with that, let us know how it comes out...

btw, doing a name change with the courts may be a lot cheaper than a divorce (it is around these parts), in case you can't do it without some order from a court...

and another btw, didn't you ask the attorneys you talked with about getting your name changed on your ssa card and drivers license? i would call them back and ask about that...

they should be able to tell you that on the phone and probably wouldn't even charge you for answering that question...

[KCWolfman]

this is NOT legal advice...

both social security and the state's driver license files should show the name you used before that you want to use now, if you changed your name on those before...

i would go into those offices and take a birth certicate and your current id and see about getting the name changed...

it's possible that it can be done without needing any other papers or court orders or the like...

good luck with that, let us know how it comes out...

btw, doing a name change with the courts may be a lot cheaper than a divorce (it is around these parts), in case you can't do it without some order from a court...

and another btw, didn't you ask the attorneys you talked with about getting your name changed on your ssa card and drivers license? i would call them back and ask about that...

they should be able to tell you that on the phone and probably wouldn't even charge you for answering that question...
Here is the man to pay heed.

rep

[badgirl]

Go BO, no at the time I spoke to the attorneys I didn't realize I need a legal document to change it back, but when I called the social security office they said I need a legal document to be able to change it back.

I will try the birth cirtificate and explain things face to face with them and see how it works out.

Thanks so much for the advice, it sounds pretty good, I'll also call the courts and see what I need to do for a legal name change. :thumb:

Rep to you :thumb:

[go bo]

Well I wasn't talking pro bono, but when I legally seperated from my first husband, the lawyer only charged 100 bucks to do it, I was thinking something more along that line, just typing something legal up for me and use that to get my name changed.100 bucks?

that's astonishing...

i don't know for sure under texas law, but a letter from an attorney proably wouldn't have any effect...

if you can't do it without any papers, as i've suggested, then you will probably need a court order changing your name...

it could be a divorce decree or a name change order or some other order under texas law, but those are all court orders that would certainly work to get your name changed...

still, i think you should call those lawyers back and ask them about it...



btw, if stumpy would just go ahead and marry you, you only need the marriage certicate to change your name so you could skip all the falderal altogether...

i'm sorry stumpy, just trying to help... :evil:

[badgirl]

btw, if stumpy would just go ahead and marry you, you only need the marriage certicate to change your name so you could skip all the falderal altogether...

i'm sorry stumpy, just trying to help... :evil:
yea well thats not gonna happen, don't think I've not thought about it, but I wouldn't want to get married for that reason.

I'd like to take my maiden name, but I haven't used it since I was 18 so the only license with that name on it would have been in 83 I don't know if the computers go back that far at the DMV.

[go bo]

Go BO, no at the time I spoke to the attorneys I didn't realize I need a legal document to change it back, but when I called the social security office they said I need a legal document to be able to change it back.

I will try the birth cirtificate and explain things face to face with them and see how it works out.

Thanks so much for the advice, it sounds pretty good, I'll also call the courts and see what I need to do for a legal name change. :thumb:

Rep to you :thumb:legal document, eh?

sounds like you're proabably going to need a court order or a marriage license to get it done then...

i'd still ask the attorneys that you talked to first...

then do what's cheapest, they'll all have the desired result...

wait a minute, you're in springfield, not texas...

how'd i get that idea, anyway?

but what i have said is still the same...

[badgirl]

legal document, eh?

sounds like you're proabably going to need a court order or a marriage license to get it done then...

i'd still ask the attorneys that you talked to first...

then do what's cheapest, they'll all have the desired result...

wait a minute, you're in springfield, not texas...

but what i have said is still the same...
I'm gonna get on the phone first thing tomorrow. Thanks again :thumb:

[go bo]

I'm gonna get on the phone first thing tomorrow. Thanks again :thumb:glad i could help, my bill is in the mail... :harumph:







just kidding... :D :D :D

[badgirl]

glad i could help, my bill is in the mail... :harumph:







just kidding... :D :D :D
I will let you know what I find out.

[stumppy]

btw, if stumpy would just go ahead and marry you, you only need the marriage certicate to change your name so you could skip all the falderal altogether...

i'm sorry stumpy, just trying to help... :evil:

Oh, I don't know man. The situation she is in sounds like it could take YEARS for the courts to sort out. I certainly wouldn't want to jump in and make things more complicated than they are........for her.







Yeah, that's it, for her.o:-)

[go bo]

tell stumpy i'm sorry...

i was only kidding, sorta...

i was just being thorough...

please forgive me, stumpy!! [wringing hands smilie]

[badgirl]

Oh, I don't know man. The situation she is in sounds like it could take YEARS for the courts to sort out. I certainly wouldn't want to jump in and make things more complicated than they are........for her.







Yeah, that's it, for her.o:-)
Whatever. :rolleyes: I said ALL i want is my MAIDEN name.

[badgirl]

tell stumpy i'm sorry...

i was only kidding, sorta...

i was just being thorough...

please forgive me, stumpy!! [wringing hands smilie]
I'm the one you should be saying your sorry too. :mad:

[go bo]

Oh, I don't know man. The situation she is in sounds like it could take YEARS for the courts to sort out. I certainly wouldn't want to jump in and make things more complicated than they are........for her.







Yeah, that's it, for her.o:-)oh, there you are... :eek:

you're absolutely right, of course...

things are complicated enough already... :harumph: :harumph: :harumph:

(but i doubt that it will take years to sort out, all she's looking for is a name change - she doesn't have to prove anything about the validity of her last marriage, i think...)

[go bo]

I'm the one you should be saying your sorry too. :mad:ok, i'm sorry...

really, really, really sorry...


i mean really, really, really, really sorry... :D :D :D

[badgirl]

ok, i'm sorry...

really, really, really sorry...


i mean really, really, really, really sorry... :D :D :D
Thats better, now what court would I need to call about this? :hmmm:

[4th and Long]

Is it just me or do things look a little grim in Mudville for stumppy and badgirl right now? :spock:

[badgirl]

Is it just me or do things look a little grim in Mudville for stumppy and badgirl right now? :spock:
your hullicinating :harumph:

[stumppy]

(but i doubt that it will take years to sort out, all she's looking for is a name change - she doesn't have to prove anything about the validity of her last marriage, i think...)


That's it!!
You are now officially kicked out of the Mens Club.
Turn in your TV remote control and nutsack at the front desk.

[4th and Long]

your hullicinating :harumph:
You're only saying that because I dropped a hit of acid and I'm eating magic mushrooms.

:p

[badgirl]

You're only saying that because I dropped a hit of acid and I'm eating magic mushrooms.

:p
greedy, why wasn't I invited :p

[4th and Long]

greedy, why wasn't I invited :p
Well ... I didnt want to post it on the boards because then EVERYONE wouuld want to come over. I didnt have your email addy, snail mail addy or a phone number sooooo .... you missed the party train sister.

:p

[badgirl]

Well ... I didnt want to post it on the boards because then EVERYONE wouuld want to come over. I didnt have your email addy, snail mail addy or a phone number sooooo .... you missed the party train sister.

:p
:banghead: :banghead: damn again!!!! :cuss:

[go bo]

Thats better, now what court would I need to call about this? :hmmm:i'm not sure, but i would guess the circuit court civil clerks office, but they'll probably only tell you how much it costs (in court costs, filing fees, etc.) and tell you to speak to an attorney for legal advice...

i'm guessing that any of the orders would be have to be obtained by an attorney through a divorce or name change action, although some people have done it themselves i'm sure...

i'd recommend using an attorney and just call around to find the cheapest one...

a name change doesn't take much to do...

[go bo]

That's it!!
You are now officially kicked out of the Mens Club.
Turn in your TV remote control and nutsack at the front desk.you can have my nutsack (if you really want it, nttawwt)...

but i won't give up my tv remote without a fight!! :cuss:

[badgirl]

i'm not sure, but i would guess the circuit court civil clerks office, but they'll probably only tell you how much it costs (in court costs, filing fees, etc.) and tell you to speak to an attorney for legal advice...

i'm guessing that any of the orders would be have to be obtained by an attorney through a divorce or name change action, although some people have done it themselves i'm sure...

i'd recommend using an attorney and just call around to find the cheapest one...

a name change doesn't take much to do...
Cooool daddyO, consider the wheels to start screeching tomorrow.!!!PBJ, PBJ

[go bo]

You're only saying that because I dropped a hit of acid and I'm eating magic mushrooms.

:pmmmmmmmmmm....

'shrooms... [licking chops smilie]

[Baby Lee]

Name changes are not difficult, and shouldn't be expensive.

You need;

Your birth certificate
Your birth name
all former legal names [and the dates when you held those names]
your residence and how long you've lived there
your parents' names and residence[s]
the ability to say that you are not subject to any recent or pending legal judgments [ie, a civil lawsuit or a criminal prosecution], bankruptcy, or credit entanglements.

You fill out an affidavit like the one below, and file it with your county civil courts. They'll issue an order conforming to your wishes that you can present to SSI.

http://www.ilrg.com/forms/namechange-adult/us/mo

EDIT: just tickled through my memory, but there may also be a publication requirement. That is, you have to post in area newspapers that you are seeking this change, in case there are some creditors you are ducking.

[badgirl]

Name changes are not difficult, and shouldn't be expensive.

You need;

Your birth certificate
Your birth name
all former legal names [and the dates when you held those names]
your residence and how long you've lived there
your parents' names and residence[s]
the ability to say that you are not subject to any recent or pending legal judgments [ie, a civil lawsuit or a criminal prosecution], bankruptcy, or credit entanglements.

You fill out an affidavit like the one below, and file it with your county civil courts. They'll issue an order conforming to your wishes that you can present to SSI.

http://www.ilrg.com/forms/namechange-adult/us/mo

EDIT: just tickled through my memory, but there may also be a publication requirement. That is, you have to post in area newspapers that you are seeking this change, in case there are some creditors you are ducking.
That sounds pretty simple, I am at work right now but i will definately check out the link when I get home and really have time to look it over good. Thanks very much for your help. :thumb:

[Baby Lee]

Here are the relevant statutes

527.270. Hereafter every person desiring to change his or her name may present a petition to that effect, verified by affidavit, to the circuit court in the county of the petitioner's residence, which petition shall set forth the petitioner's full name, the new name desired, and a concise statement of the reason for such desired change; and it shall be the duty of the judge of such court to order such change to be made, and spread upon the records of the court, in proper form, if such judge is satisfied that the desired change would be proper and not detrimental to the interests of any other person.

527.280. The fees for proceedings under sections 527.270 to 527.290 shall be the same as are now or may hereafter be allowed in similar cases in said court, to be paid by the petitioner.

527.290. 1. Public notice of such a change of name shall be given at least three times in a newspaper published in the county where such person is residing, within twenty days after the order of court is made, and if no newspaper is published in his or any adjacent county, then such notice shall be given in a newspaper published in the city of St. Louis, or at the seat of government.

2. Public notice of such name change through publication as required in subsection 1 of this section shall not be required if the petitioner is:

(1) The victim of a crime, the underlying factual basis of which is found by the court on the record to include an act of domestic violence, as defined in section 455.200, RSMo;

(2) The victim of child abuse, as defined in section 210.110, RSMo; or

(3) The victim of abuse by a family or household member, as defined in section 455.010, RSMo.

[go bo]

Name changes are not difficult, and shouldn't be expensive.

You need;

Your birth certificate
Your birth name
all former legal names [and the dates when you held those names]
your residence and how long you've lived there
your parents' names and residence[s]
the ability to say that you are not subject to any recent or pending legal judgments [ie, a civil lawsuit or a criminal prosecution], bankruptcy, or credit entanglements.

You fill out an affidavit like the one below, and file it with your county civil courts. They'll issue an order conforming to your wishes that you can present to SSI.

http://www.ilrg.com/forms/namechange-adult/us/mo

EDIT: just tickled through my memory, but there may also be a publication requirement. That is, you have to post in area newspapers that you are seeking this change, in case there are some creditors you are ducking.there you go, badgirl...

there's your answer...

just make sure you have a certified copy of your birth certificate...

you should be able to do it yourself with the info provided by baby lee..,

good luck with it... :thumb:

[badgirl]

How would I go about getting an affidavit to verify that he was never divorced, once he was married in Mass. and once in VA.? Will I need to contact those states? I assume they will want some proof he was never divorced before he married me.

This sounds complicated now that I start thinking about it. :deevee:

[Baby Lee]

How would I go about getting an affidavit to verify that he was never divorced, once he was married in Mass. and once in VA.? Will I need to contact those states? I assume they will want some proof he was never divorced before he married me.

This sounds complicated now that I start thinking about it. :deevee:
Unless your judge is an ass, you won't need to submit an airtight unimpeachable case that you deserve a name change, just a reasonable argument that you want one. You just have to establish that you have a reason, and you are not trying to weasel out of legal obligations under your former name. I did one of these back in 98 or so, for a church member's stepson who wanted his stepdad's name because his real dad was an absent ass. The rules are more stringent with minors, but even he only had to go before the judge and establish that he wasn't subject to legal obligations under his old name and that he wanted the change because he had a greater affinity for his step-family.

[badgirl]

Unless your judge is an ass, you won't need to submit an airtight unimpeachable case that you deserve a name change, just a reasonable argument that you want one. You just have to establish that you have a reason, and you are not trying to weasel out of legal obligations under your former name. I did one of these back in 98 or so, for a church member's stepson who wanted his stepdad's name because his real dad was an absent ass. The rules are more stringent with minors, but even he only had to go before the judge and establish that he wasn't subject to legal obligations under his old name and that he wanted the change because he had a greater affinity for his step-family.
OK great, I'll call them in the morning and start toward taking the steps I need to get it done, you have been very helpful, thanks again. I'll let you know how its going when I find out something. :thumb:

[badgirl]

Ok I found out today it is going to cost 177.00 for the court fee, they said I need to file a form through the attorney or go to the library and do it myself, then they will make me a date to go before the judge.

Don't sound too bad. :thumb:

[chiefs4me]

Not bad at all....so are you gonna try and do it free at the library? Sometimes those forms are really easy, you could save lots of money.

[Rausch]

Wait wait wait...

So I get free legal advice on here from Baby Lee, or meet him in person and pay for it... :hmmm:

[Baby Lee]

Wait wait wait...

So I get free legal advice on here from Baby Lee, or meet him in person and pay for it... :hmmm:
Last I checked, you weren't a chick with bewbees in her avatar. ;)

j/k - actually, this one was so 'off the top of my head' that it was a no brainer to post it. And further, the procedure is so straightforward and citizen-friendly that she'd probably get the same info for free from the court clerk. I guess I could've been obtuse and told her to 'just go ask the court clerk,' but why?

[DenverChief]

this is NOT legal advice...

both social security and the state's driver license files should show the name you used before that you want to use now, if you changed your name on those before...

i would go into those offices and take a birth certicate and your current id and see about getting the name changed...

it's possible that it can be done without needing any other papers or court orders or the like...

good luck with that, let us know how it comes out...

btw, doing a name change with the courts may be a lot cheaper than a divorce (it is around these parts), in case you can't do it without some order from a court...

and another btw, didn't you ask the attorneys you talked with about getting your name changed on your ssa card and drivers license? i would call them back and ask about that...

they should be able to tell you that on the phone and probably wouldn't even charge you for answering that question...

That sounds about right...when I changed my last name to my mothers maiden name I just filled out some paperwork, went before a judge who asked if I was chaning my name to avoid a debt or collectors I said no and she entered the order for my name to be changed after I had published the name change in the local paper for 1 week IIRC...it cost me about $75 in court fees and newspaper classified fees

[badgirl]

What she should really do is just set up a Linux box to dispense her legal advice. This current configuration is silly and will ultimately leave her unsatsified.
I am satisfied with the advice I got from Baby Lee, I didn't know where to start and now I do, I told him I would let him know what I found out and I did. Thanks again.

[Iowanian]

I guess this revokes your "right to ever call anyone a hillbilly again" card.

The 5-6 of you could always move to Utah and Join Joseph Smith's community.

[badgirl]

I guess this revokes your "right to ever call anyone a hillbilly again" card.

The 5-6 of you could always move to Utah and Join Joseph Smith's community.
yea, I guess it does

I Badgirl, do hereby swear NEVER to call anyone on CP a hillbilly ever again.

:thumb:

[go bo]

Heh... still a lawyer at heart. Always covering his ass.

I'm sorry go bo... I think your application to rejoin the human race is gonna be delayed some more.


:p:banghead: :banghead: :banghead:

i've been waiting for like almost 5 years...

when will i hear something more definite?

is there some course i can take?

i'm almost done in human rehab... :huh: :huh: :huh: