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Changing Your Name After a Divorce

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Should divorcing spouses, more often than not women, go back to their maiden name following a divorce? What do the rules of etiquette have to day about this?

There is no right or wrong answer here; it's an individual decision for you to make.

Often, when a woman has minor children with her husband, she will decide to keep her married name because she doesn't want her last name to be different than her children's.

On the other hand, a woman may have painful memories associated with her ex's last name, or she may simply desire to go back to her maiden name despite the fact that she will have a different last name than her children from the marriage.

When there are no children from the marriage, the likelihood of a spouse going back to their maiden name following a divorce is higher, especially when the individual prefers their maiden name.

Some people simply decide to keep their married name and change it later if they remarry.

Returning to Your Maiden Name

If you are getting a divorce and you decide that you would like to go back to your maiden name, you can do that during your divorce case. It's a rather straightforward process.

This is what you will need to do:

  • You contact the court clerk in the county where your divorce is filed.
  • You provide the court clerk with the following information: case number; the names of the parties (case name); the date of the order, judgement and filing.
  • Give the court clerk a copy of the Notice of Entry of Judgment, Form FL-190.
  • You complete an Ex Part Application for Restoration of Former Name After Entry of Judgement and Order, Form FL-395.

Generally, it takes about 2 to 4 weeks for the court to process the above paperwork. If you have further questions, please contact a Los Angeles divorce lawyer from Claery & Hammond, LLP.


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