Chino, CA asked in Divorce for California

Q: I was divorced in 2015, We just caught my name was restored to my maiden name, did u legally have to change it?

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Eagan, MN
  • Licensed in California

A: No, you do not legally have to change it, but it seems you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Based on California law, if your divorce judgment or a separate court order states that your name was restored to your maiden name, that is generally sufficient to legally change your name back. You typically do not need to go through a separate legal name change process.

However, you will need to update your name with various government agencies and private institutions, such as:

1. Social Security Administration

2. Department of Motor Vehicles (for your driver's license or state ID)

3. Passport office

4. Banks and financial institutions

5. Employers

6. Post office

7. Voter registration office

8. Insurance companies

9. Utility companies

You'll need to provide a certified copy of your divorce decree or court order that shows the name change to these entities as proof of the legal name change.

If your divorce judgment did not include a provision to restore your maiden name, you would need to go through a separate legal name change process, which involves filing a Petition for Change of Name with the court.

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