If you are considering changing your name after a divorce in California, it is often an important personal decision with both emotional and practical aspects. For many, reclaiming a former name can feel like a fresh start. Understanding the process in California can help you take the necessary steps to make it official.
Including a Name Change in Your Divorce Decree
In California, the easiest way to change your name after a divorce is to include the request in your divorce proceedings. When a judge finalizes your divorce, they can issue an order to restore your former (or maiden) name as part of the divorce judgment. This is the simplest method, as it allows you to avoid additional court filings or fees. If you know you want to make this change, inform your attorney early in the process so that the request can be incorporated into the final judgment.
Changing Your Name After the Divorce Is Finalized
If you did not request a name change during your divorce, or if you change your mind after the judgment is entered, you still have options. California allows you to file a request to restore your former name even after your divorce has been finalized. This process requires you to file an Ex Parte Application for Restoration of Former Name with the court that handled your divorce. In most cases, this request does not require a court hearing.
Notifying Government Agencies and Updating Records
After the court approves your name change, you will need to notify various agencies and institutions of your updated name. Here are some of the key entities to contact:
- Social Security Administration: Update your Social Security card to reflect your new name, which is often required before updating your driver’s license.
- Department of Motor Vehicles (DMV): With your updated Social Security card, you can request a name change on your California driver’s license or ID.
- Financial Institutions: Notify your bank, credit card companies, and investment firms of the change to keep your accounts consistent.
- Employer and Insurance Companies: Update your employer and health insurance companies to ensure continuity in records and benefits.
- Voter Registration and Passport: Be sure to update your voter registration and passport if necessary.
Each organization may have its own specific requirements for updating your records, so it is wise to contact them directly or check their websites for detailed instructions.
Common Questions About Changing Your Name After Divorce
- Can I change my name to something entirely new, rather than reverting to a former name?
Yes, but changing to a completely new name is more complex and typically requires a separate name change petition. In such cases, you may have to publish a notice of your name change and attend a court hearing. - Is there a time limit to restore my former name after divorce?
No, California does not have a strict time limit for restoring a former name after divorce. However, the sooner you complete the process, the easier it may be to manage updates with various institutions. - Can I change my children’s last names during the process?
Changing a child’s name involves additional steps, as both parents typically need to consent to a minor’s name change. You may need to file a separate petition, and in some cases, obtain a court order to proceed.
Working With an Attorney
The process of a name change after divorce is often straightforward, but working with an experienced attorney can help make sure that all legal aspects are properly handled. We can help make sure the request is included in your divorce decree or guide you through filing a separate petition if your divorce is already finalized.
If you are ready to take this step, reach out to us at Irwin & Irwin. We are here to help you with the legal aspects of your divorce and any related changes you want to make, including a return to a former name.
