When couples divorce, they must resolve a multitude of issues. Along with matters of child custody and support, property division, and spousal support, there is the question of restoring a maiden or previous name.
Some ex-spouses prefer to keep their married name after long-term marriages or when there are children of the marriage. Others choose a change back to a previous name for the sense of self or freedom it provides.
The following is an overview of a name change after a California divorce. For help with a specific question or concern regarding a California post-divorce name change, contact an experienced San Francisco divorce attorney.
Submission of Name Change Request After a Finalized Divorce
After a divorce is finalized, an application, called an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order, can be completed requesting the divorce court restore a former spouse’s maiden or previous name. This application is available online, generally through the county clerk’s office. You may also go to the county clerk’s office to request the form in person.
Information required to complete the application includes the date of the judgment filing and your stamped petition and case number. This information can be found on your divorce documents or you can ask your divorce attorney for help.
It can take the court up to a month to process your request. Once you receive an order restoring your maiden name, you may proceed with changing your name on all official documents and with any necessary agencies.
Submission of Name Change Request During a Divorce
A name change request can be filed along with a Judgment form in California. This is a document you and your attorney will complete and file to ensure that your divorce decree contains an official order restoring your maiden or previous name.
Modification of a Final Divorce Decree
If a final divorce decree is issued without a name change, it can be modified by the court upon request. You can petition the court to change your divorce decree and use your maiden or previous name while waiting on the modification so long as you have proof of that previous name. Standard proof would include social security card or birth certificate.
Changing Your Name on Official Documents
After a name change, it is imperative you contact any official agencies, banks, and your employer to document the change. Do not forget to have your driver’s license and social security card updated to reflect your new name to avoid any confusion in the system.
An Experienced California Divorce Attorney Can Help
If you would like more information about a name change after a California divorce, contact the highly experienced San Francisco family law attorneys at Moradi Saslaw. At Moradi Saslaw, we serve a variety of clients, from successful venture capitalists to dedicated homemakers.
Our attorneys have a successful courtroom and negotiation record and want to help you meet your family law goals. Contact our offices in the Financial District of San Francisco, San Mateo, or Oakland today.