Q: Do I file divorce under maiden or married name if I changed it on the marriage cert but never changed DL or SS?
When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate
A:
In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security Administration (SSA), your legal name is still technically your maiden name.
You should file for divorce under your maiden name since this is the name that matches your current legal documents, such as your driver’s license and Social Security record. Using the name on these documents helps ensure consistency across all legal proceedings and records.
To avoid any potential confusion or legal issues down the line, consider updating your name with both the DMV and SSA to reflect your married name, if you intend to continue using it post-divorce. This can be beneficial for maintaining uniformity in your legal and personal records.
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