What do I do if I want to change back to my maiden name but can’t since I can’t get a divorce due to my marriage having been voided?

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What do I do if I want to change back to my maiden name but can’t since I can’t get a divorce due to my marriage having been voided?

So I got married 16 years ago; we separated but never finalized the divorce. He told me that we did but I found out later we didn’t. Years passed and I got married again about 12 years ago. Anyhow, when we went to court for divorce, he brought up my previous marriage. The judge then said well since I was still married to my first husband, he couldn’t grant a divorce because my second

Asked on February 3, 2019 under Family Law, New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In such a situation, you can (and should) file for an annullment. This will not only enable you to change back to your maiden name, it will also clear up an future legal confusion/consequences that may have resulted from your "second marriage". 


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