If a divorce is filed under a name that isn’t legally yours, is the divorce filling valid and legal?

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If a divorce is filed under a name that isn’t legally yours, is the divorce filling valid and legal?

Asked on June 28, 2011 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is whether the divorce agreement or decree clearly relates to you and it can be established that you are the person in question. Contracts and court orders are not enforced on technicalities as general matter; instead, they are enforced as to their intent. If the intention was to bind *you* to this agreement or decree, then even if there is an error in the name (mispelled; nickname used; maiden name used; etc.), it would be enforceable. Only if it could be shown that you were not the person at all--i.e. that this decree or agreement was actually for someone else (e.g. from a different marriage), would  it clearly not be enforceable.


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