Legal Question in Family Law in Massachusetts
Change of Name.
Can I change my name, I understand that my marriage may be void. After I divorced my first husband in 9/1996 I thought that was it and remarried in 10/1996. I did not know at the time i had to wait 90 days in Massachusetts. I remarried in NYC to my second husband that October same year. My second husband and I have been separated for 4 years now and do not know where he is. Although I carry his last name I would like to know if I can change my name without getting a divorce. My Marriage certificate and Divorce papers would show that I got married before the divorce was final. What should I do....???
3 Answers from Attorneys
The simple answer is that you can change your name. In Massachusetts, you have a common law right to change your name as long as you are not doing it for fraudulent purposes. You can file a petition in court to change your name. The more complicated answer is that your marriage is probably valid not void as you think. You don't state where you have been living since your second marriage. You should consult a lawyer in every state that you resided since your second marriage to determine if your marriage is valid. You still have the same rights in Massachusetts to change your name even if your marriage is valid.
My advice would be to file for divorce against your second husband, instead of filing two separate actions. You may change your name quite easily and without any questions asked during the divorce process. I agree with the point that Attorney Pransky made that your marriage is probably valid, as it has been ratified by you and he living together as husband and wife. Our office has filed divorce against missing persons before, and would be happy to take care of the divorce aspect and the name change aspect. Give us a call at 617-357-4898.
I think your second marriage was voidable but not void, and once the waiting period was over, the impediment disappeared.
Filing for divorce on an individual whose address you do not know can be done by doing a person find database search and/or notice by publication.
Call if you have any questions.
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