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Is this legal?

drainedandataloss's picture

My husband was previously married nine years ago for only 6 months to the mother of my step daughter. His ex-wife has been using her maiden for the past nine years(ever since their divorce). She has filed court documents, her driver's license, and tax papers all in her maiden name. Recently she decided that she was going to start using my husband's last name. She claims that she never had it legally changed back to her maiden name after the divorce, and she's even already signed school registration forms for my step daughter using our last name. My question is, how would it be possible for her to file court documents (custody papers- recent and past) as well as her driver's license and tax papers in her maiden name if it had not been legally changed? Are there any legal reprocussions for her using both names. She also was recently placed on felony parole for 3 years due to two felony perjury charges.

Tx mommy of 3's picture

I don't think there are repercussions unless she committed fraud using both names. As far as court documents in her legal vs maiden name...I don't know. I think it's pretty common though using another last name even if you aren't married. I've seen t a lot.

drainedandataloss's picture

I agree it's pretty common to use your married name after a divorce, especially if you were married for a long time. But she hasn't used that name for nine years and all of the sudden decided she wants to use it now. She's only doing it to stir up drama. We just ended a year long custody battle of my stepdaughter. I just don't know how it would be possible for her name to legally still be my husband's name especially since she's used her maiden name for tax purposes. Her last name on her social security card (which is your legal name) would have to match the tax info. I just think it's weird. And it's not like she's doing it so she can share the same name as my step daughter because she has another daughter with a different man and a different last name.

iwishyouwould's picture

To me it sounds like she is not doing much else by doing that than confusing the hell out of her child.
Kiddo's bm regularaly tells him that his last name is her last name. It really messes with his head. Kiddos mother has just massively confused him in what is an already confusing situation for a small child. He came home from preschool one day with a drawing of his family - He drew H, me, himself and his half-sib by bm as the "our last name" family. Course his half sib has bm's last name, but he doesnt associate her with bm cause she lives with the grandparents. Kiddo will call H "h's first name, my maiden name", he'll call me "my nick name, bm's last name" and don his half sister by bm "sister's name, our ACTUAL last name". Its awful to watch him try to make sense of it all. Im sorry any kid has to go through extra confusion because of their parents' ego or insecurities or bitterness or what have you. good luck with everything.

jesses girl's picture

Her maiden name is her legal name - Regardless if someone gets married and takes their spouse's name.
Once they were divorced and she had her licence,etc. changed back to her maiden name all she would have to show to revert back to the maiden name would be her birth certificate. She would have to take their marriage certificate with her to have her name changed on her licence, bank info, etc. A big PITA, imo...

As for the Court docs, her name would/should be listed as "Mary Jane Doe also known as Mary Jane Smith" (Smith being the maiden name).

She's just trying to piss you and your DH off. After 9 years of being divorced, there would be no other reason. Don't let her see or know it pisses you off. She'll get bored of the game if she doesn't get a reaction out of you. Wink

Again, just my opinion.

zuzieq611's picture

Yeah, I agree, she's just trying to get under your skin. If you react, she wins.....the best revenge is living well.