If my ex-wife signed the divorce papers with a name other than any legal name she has ever been known by, should the documents be upheld in court?

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If my ex-wife signed the divorce papers with a name other than any legal name she has ever been known by, should the documents be upheld in court?

Asked on August 30, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best answer is "maybe" or "maybe not."  If the documents are challenged later, it will be your burden to prove that she was the one and the same person who signed with the odd name.  If you can prove that, then it might be okay.  Better practice for all records is to have her sign a new copy of records using the name that she is referred to as in the divorce.  If she wants to list any other names below her signature, she is free to do so, as long as the signature is clearly hers.  You may also want to have someone witness the signing that you know will be available as a witness later.


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