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If there is a legal objection to the correctness of the name you’ve used for your spouse/partner, that objection would almost certainly come from your spouse/partner after s/he sees your divorce case, unless your spouse/partner is vindictive enough to allow you to proceed all the way through your case before objecting. If your spouse/partner does object, then as with any other divorce dispute, you and your spouse/partner would either have to come to an agreement on what your spouse/partner’s correct name is and proceed or fail to reach an agreement on what your spouse/partner’s correct name is and have to hire lawyers. If you and your spouse/partner later agree that your spouse/partner’s legal name is NOT what you have told, then in order to proceed, you’d have to prepare and file an Amended Petition in your case – in order to correct your spouse/partner’s name before proceeding.

Our advice is that your spouse/partner’s name is such an easy thing to get right, that you should not take any chances. If in any doubt, check with your spouse/partner before proceeding. If you have to check with your spouse/partner, then if possible, get it in writing signed by your spouse/partner to cover yourself in case your spouse/partner objects later. If you’re still in doubt or if your spouse/partner will not cooperate on this easy issue, you should definitely consult a lawyer before proceeding.