What You Need to Know to Change Your Name After Divorce in California
After getting a divorce, it is common for women to change their names back to their maiden names. Here’s how to change your name after divorce in California.
According to the California courts, the process of changing one’s name after a divorce is usually straightforward. The process will differ depending on where the divorce was filed and whether or not the divorce is finalized yet.
The Divorce was Filed in California and Finalized
If the divorce is finalized and was filed in California, one should contact the clerk in the county where the divorce was filed and give them their divorce case number, case name, and the date of the order/judgment/filing. One must complete an Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (Family Law) form (Form FL-395).
Related: How to File for Divorce in California
The Divorce was Filed in California and is Not Yet Finalized
If the divorce is not yet finalized and was filed in California, one can ask the court to restore their maiden name when they submit the proposed Judgment (Form FL-180) for divorce. Local family law facilitators can provide more assistance and information on how to do this.
Related: Stipulated Judgments in California Marriage Settlements
If the individual wishes to change their name to something other than their maiden name or a past married name, they cannot use this process, and must instead file a regular Petition for Change of Name.
The Divorce was Not Filed in California
If the divorce was not filed in California, one can either contact the court in which the divorce was filed to see whether it’s possible to change the name even though the individual no longer lives in that state, or file a regular Petition for Change of Name.
How to File a Petition for Change of Name
To file a Petition for Change of Name, one must first fill out the necessary forms, which can be completed online or downloaded here. Then, they should get the forms reviewed and make copies, before filing the forms with the court clerk. If necessary, publish the Order to Show Cause for Change of Name and go to your court hearing. Finally, get your Decree Changing Name from the court.
FAQs About Changing Your Name After Divorce in California
How long does it take to change my name?
If you fill out Form FL-395 (in a situation when the divorce was filed in California and finalized), the courts take about two to four weeks to process the paperwork. Ask the county clerk for an estimate when turning in your form.
A Petition for Change of Name can take up to three months to be processed.
Where can I find the forms necessary to change my name?
The California courts all use the same set of forms. They can be found online on the California Courts website or at the link here.
Can I just change my name by the “usage method” (just using my new name in all aspects of life)?
According to the California courts, you do have the “common law right” to change your name through the “usage method.” The “usage method” cannot be used by people in state prison, people who are on probation or on parole, people who have been a registered sex offender, or minors. However, the “usage method” does not change your name on legal documents (birth certificates, passports, etc.). In the case of a divorced woman, if you legally changed your name after your marriage and would like to change it back to your maiden name, the “usage method” would not be a legal change.
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