If you are getting divorced in California, you can change your name back to a former name as part of the divorce process, or afterward if you prefer. The name change process is relatively easy. Here is what you need to know about legally changing your name after a divorce.

Steps to Legally Change Your Name

There is no time limit on when you can revert back to your maiden name after divorce. Some people don’t think about it during the divorce and only end up going through the process years later. Others insist on finalizing the name change as a matter of urgency. Either way, you begin by filling in the appropriate form. 

If you want to effect the name change as you finish your divorce, you will need to check the appropriate boxes on:

  • Item 12 oF the Declaration for Default or Uncontested Dissolution or Legal Separation (FL-170)
  • Item 4 of the Judgment (form FL-180). Write in the full name that you want to return to. 

The signed judgment is your legal proof of your name change.

If you choose to change your name any time after the divorce, you will need to fill out an FL-395 – Ex Parte for Restoration of Former Name After Entry of Judgment and Order. Make one copy of the form, and send or deliver the original, together with a self-addressed and stamped envelope, to the court where your divorce case was filed. You will need documents to prove your former name, such as an old passport or a birth certificate. Pay the appropriate fee. The clerk of the court will give the form to a judge to review and sign, and will then send the completed, signed form back to you. This form then serves as your proof that you have changed your name. A certified copy of this form must be used when you update your IDs. 

Legal Implications of Changing Your Name

Aside from the fact that you will need to update all forms of ID, including your driver’s license, the ongoing legal implications of a name change are minimal. A name change has no legal effect on any rights and responsibilities concerning child custody, property ownership, or any other aspect of your life. All you need to do is ensure that you have the documentation to prove that your name change has taken effect, including your signed judgment or signed FL-395, and all relevant forms of identification.

After your name change is finalized, there are two institutions that you will need to contact fairly urgently:

  • Firstly, you will need to apply to the U.S. Social Security Administration for a new card reflecting your current name. Complete the application and attach the relevant documents. You should receive your new card in a few weeks.
  • Secondly, you will need to notify the California Department of Motor Vehicles so that you can renew your driver’s license and register your car.

Westover Law Group is a company of family law attorneys serving Southern California. Contact us if you need help changing your name after divorce, or with any other divorce modifications.