Restoring Former Name When Divorcing

Restoring Former Name

Many litigants want to restoring former name when divorcing. Often, women want to reclaim their maiden name. This isn't hard to do, although as a Riverside divorce lawyer, I can help. There's a box on the Petition that a person checks who wants their former name restored. Then, a clause in the Final Judgment will indicate that the former name is restored.

In California, adults may use whatever names they wish unless they are doing so for an improper purpose. You do not have to wait for the Final Judgment to begin using your former name. However, having the court order can be useful when dealing with governmental agencies such as Social Security and the Department of Motor Vehicles.

If you decide to change your name after the Judgment is issued, you fill out the "ex Parte Application for Restoration of Former Name After Entry of Judgment and Order."

The other party has no basis either to oppose your name change or compel you to change it. In their famous divorce, Ike Turner requested that the court force Tina Turner to change her name based on the idea that he had "branded" the singer with the name and therefore, he should get it back in the divorce. The request was denied and Tina Turner was not forced to reinvent herself.

This question does come up from time to time. One party, generally the man, wants the other party to give up her name and go back to her maiden name. But each party is in control of what they call themselves and the court will not get involved in name disputes between parties.

So, that's how you restore former name when divorcing. If your court case is in San Bernardino, Rancho, or Riverside, divorce lawyer Julian Fox can help.

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