How would I verify that my divorce from over twenty years ago was finalized?
Full Question:
I was married to a man in the navy in 1989. I filed for divorce in California but there is no record of the document. A divorce document was produced in Florida bearing only part of my name and did not mention my maiden name. I married another man some years later and have had thoughts about the marriage not being legitimate. Is there anyway that, because my maiden name was not included in the divorce papers for my first marriage, perhaps my second marriage was not valid?
02/08/2009 |
Category: Divorce |
State: Massachusetts |
#15197
Answer:
We are not aware of any requirement that an individual’s maiden name be included in a divorce petition or a divorce being held invalid because an individual’s maiden name is omitted. You should, however, have been given the opportunity to change your name from your married name back to your maiden name at the time of the divorce.
The following are California statutes:
§ 310 Fam.
Marriage is dissolved only by one of the following:
(a) The death of one of the parties.
(b) A judgment of dissolution of marriage.
(c) A judgment of nullity of marriage.
§ 2080 Fam.
In a proceeding for dissolution of marriage or for nullity of marriage,
but not in a proceeding for legal separation of the parties, the court,
upon the request of a party, shall restore the birth name or former name
of that party, regardless of whether or not a request for restoration
of the name was included in the petition.
§ 2081 Fam.
The restoration of a former name or birth name requested under
Section 2080 shall not be denied (a) on the basis that the party has custody
of a minor child who bears a different name or (b) for any other reason
other than fraud.
§ 2091 Fam.
A divorce obtained in another jurisdiction shall be of no force
or effect in this state if both parties to the marriage were domiciled
in this state at the time the proceeding for the divorce was
commenced.
§ 2201 Fam.
(a) A subsequent marriage contracted by a person during the life
of a former husband or wife of the person, with a person other than the
former husband or wife, is illegal and void from the beginning,
unless:
(1) The former marriage has been dissolved or adjudged a nullity
before the date of the subsequent marriage.
(2) The former husband or wife (i) is absent, and not known to the
person to be living for the period of five successive years
immediately preceding the subsequent marriage, or (ii) is generally
reputed or believed by the person to be dead at the time the
subsequent marriage was contracted.
(b) In either of the cases described in paragraph (2)
of subdivision (a), the subsequent marriage is valid until its nullity
is adjudged pursuant to subdivision (b) of Section 2210.
§ 2210 Fam.
A marriage is voidable and may be adjudged a nullity if any of the
following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife.
(b) The husband or wife of either party was living and the marriage
with that husband or wife was then in force and that husband or wife
(1) was absent and not known to the party commencing the proceeding
to be living for a period of five successive years immediately
preceding the subsequent marriage for which the judgment of nullity
is sought or
(2) was generally reputed or believed by the party
commencing the proceeding to be dead at the time the subsequent
marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife.
(f) Either party was, at the time of marriage, physically incapable
of entering into the marriage state, and that incapacity continues,
and appears to be incurable.
§ 2330 Fam.
(a) A proceeding for dissolution of marriage or for legal separation
of the parties is commenced by filing a petition entitled "In re the
marriage of ___________ and __________" which shall state whether it is a
petition for dissolution of the marriage or for legal separation of the
parties.
(b) In a proceeding for dissolution of marriage or for legal separation
of the parties, the petition shall set forth among other matters, as
nearly as can be ascertained, the following facts:
(1) The date of marriage.
(2) The date of separation.
(3) The number of years from marriage to separation.
(4) The number of children of the marriage, if any, and if none a
statement of that fact.
(5) The age and birth date of each minor child of the marriage.
§ 2331 Fam.
A copy of the petition, together with a copy of a summons, in form
and content approved by the Judicial Council shall be served upon the
other party to the marriage in the same manner as service of papers
in civil actions generally.
§ 2338 Fam.
(a) In a proceeding for dissolution of the marriage or legal
separation of the parties, the court shall file its decision and any
statement of decision as in other cases.
(b) If the court determines that no dissolution should be granted,
a judgment to that effect only shall be entered.
(c) If the court determines that a dissolution should be granted, a
judgment of dissolution of marriage shall be entered. After the
entry of the judgment and before it becomes final, neither party has
the right to dismiss the proceeding without the consent of the other.
§ 2339 Fam.
(a) Subject to subdivision (b) and to Sections 2340 to 2344,
inclusive, no judgment of dissolution is final for the purpose
of terminating the marriage relationship of the parties until six months
have expired from the date of service of a copy of summons and
petition or the date of appearance of the respondent, whichever
occurs first.
(b) The court may extend the six-month period described in
subdivision (a) for good cause shown.
§ 2340 Fam.
A judgment of dissolution of marriage shall specify the date on
which the judgment becomes finally effective for the purpose
of terminating the marriage relationship of the parties.
§ 2346 Fam.
(a) If the court determines that a judgment of dissolution of the
marriage should be granted, but by mistake, negligence,
or inadvertence, the judgment has not been signed, filed, and entered,
the court may cause the judgment to be signed, dated, filed, and
entered in the proceeding as of the date when the judgment could have
been signed, dated, filed, and entered originally, if it appears to
the satisfaction of the court that no appeal is to be taken in the
proceeding or motion made for a new trial, to annul or set aside the
judgment, or for relief under Chapter 8 (commencing with
Section 469) of Title 6 of Part 2 of the
Code of Civil Procedure.
(b) The court may act under subdivision (a) on its own motion
or upon the motion of either party to the proceeding. In contested
cases, the motion of a party shall be with notice to the other party.
(c) The court may cause the judgment to be entered nunc pro tunc as
provided in this section, even though the judgment may have been
previously entered, where through mistake, negligence,
or inadvertence the judgment was not entered as soon as it could have
been entered under the law if applied for.
(d) The court shall not cause a judgment to be entered nunc pro
tunc as provided in this section as of a date before trial in the
matter, before the date of an uncontested judgment hearing in the
matter, or before the date of submission to the court of an
application for judgment on affidavit pursuant to Section 2336. Upon
the entry of the judgment, the parties have the same rights with
regard to the dissolution of marriage becoming final on the date that
it would have become final had the judgment been entered upon the
date when it could have been originally entered.
§ 2401 Fam.
(a) A proceeding for summary dissolution of the marriage shall be
commenced by filing a joint petition in the form prescribed by the
Judicial Council.
(b) The petition shall be signed under oath by both the husband and
the wife, and shall include all of the following:
(1) A statement that as of the date of the filing of the joint
petition all of the conditions set forth in Section 2400 have been
met.
(2) The mailing address of both the husband and the wife.
(3) A statement whether or not the wife elects to have her maiden
or former name restored, and, if so, the name to be restored.
§ 2403 Fam.
When six months have expired from the date of the filing of the
joint petition for summary dissolution, the court may, upon
application of either party, enter the judgment dissolving the
marriage. The judgment restores to the parties the status of single
persons, and either party may marry after the entry of the judgment.
The clerk shall send a notice of entry of judgment to each of the
parties at the party's last known address.