Can I Change My Name Back After Divorce in California?

How to Request Name Restoration in Your Divorce

Name restoration in a California divorce is requested in the initial pleadings or raised before the court enters judgment. The process is straightforward but must be done correctly.

If you are the petitioner, you can include a request for name restoration in your petition for dissolution (Form FL-100). The form has a specific section for requesting restoration of a former name. You simply check the box and provide the name you want restored.

If you are the respondent, you can include the request in your response (Form FL-120). The response also has a section for name restoration. If you did not include it in your initial response, you can file an amended response or raise the issue at the final hearing before the judgment is entered.

If both parties agree on the divorce and are submitting a stipulated judgment, the name restoration request should be included in the stipulation. The court will incorporate the restoration into the final judgment if the request is clearly stated.

The court does not require a separate hearing or additional evidence for name restoration in a divorce. The request is granted as a matter of course when included in the judgment, unless there is a specific legal reason to deny it, such as fraud or an attempt to evade creditors.

What Name Can You Restore?

Family Code Section 2081 specifies that the court may restore the name the person bore before marriage or any other former name they have legally borne. This gives you two options.

The most common choice is your maiden name, which is the name you had before you married. If you changed your name when you married, the court can order restoration of that pre-marital name as part of the divorce judgment.

The second option is any other former name you have legally used. If you were previously married and changed your name to your first spouse’s name, then changed it again to your second spouse’s name, you can request restoration of either the maiden name or the first married name, provided you legally bore that name at some point.

You cannot choose a completely new name that you have never legally used. If you want a name that is not a former legal name, you must file a separate name change petition under Code of Civil Procedure Section 1275, which allows you to choose any lawful name.

What Happens If You Miss the Divorce Window

If you do not request name restoration before the divorce judgment is entered, you must use the general name change process under Code of Civil Procedure Section 1275. This process is more involved and more expensive than name restoration in a divorce.

The separate name change process requires filing a petition in civil court, publishing a notice of the name change in a newspaper of general circulation for four consecutive weeks, and attending a court hearing. The court will grant the name change unless there is a showing of fraud, evasion of legal obligations, or another compelling reason to deny it.

The filing fee for a name change petition is approximately $435 as of 2026. Publication costs range from $100 to $300 depending on the newspaper. If you cannot afford the fees, you can request a fee waiver using Form FW-001.

The separate process takes 2 to 3 months from filing to final order, compared to the immediate inclusion in a divorce judgment. For this reason, most family law attorneys strongly recommend requesting name restoration during the divorce proceeding rather than waiting.

Updating Your Documents After Name Restoration

Obtaining the court order restoring your name is only the first step. You must then update your identification and records with government agencies, financial institutions, and employers. The order itself is the legal document that authorizes these changes.

Start with the Social Security Administration. You must update your Social Security card before you can update your driver’s license or passport in most cases. The SSA requires the certified copy of your divorce judgment showing the name restoration order, proof of identity, and an application for a new card. There is no fee for a new Social Security card.

Next, update your California driver’s license or identification card at the DMV. You will need the certified divorce judgment, your current license, and proof of your new Social Security card. The DMV charges a fee for a new license.

Update your passport through the U.S. Department of State. If your current passport is less than one year old, you can update it by mail using Form DS-5504 at no charge. If your passport is more than one year old, you must use Form DS-82 and pay the standard renewal fee.

Notify your employer, banks, credit card companies, insurance providers, and any professional licensing boards. Each institution has its own requirements, but the certified divorce judgment is generally sufficient. Professional licenses may require a formal name change application with the licensing board.

Can You Change Your Children’s Names After Divorce?

Restoring your own name is straightforward. Changing your children’s names is not. A parent cannot unilaterally change a child’s name after divorce. Both parents must agree, or the requesting parent must obtain a court order.

If both parents agree to the name change, they can file a stipulation with the court and request the change as part of the divorce judgment or in a separate proceeding. If one parent objects, the requesting parent must file a petition and demonstrate that the name change is in the child’s best interests.

Courts evaluate child name changes under the best interest standard of Family Code Section 3011. Factors include the length of time the child has used the current name, the child’s relationship with both parents, the potential for confusion or embarrassment, and the child’s preference if the child is mature enough to express one.

Courts are generally reluctant to change a child’s name when both parents are actively involved in the child’s life. Changing the child’s name to match one parent’s new name can be seen as diminishing the other parent’s role and may be denied unless there is a compelling reason.

What to Do If You Want Your Name Restored

If you want to restore your former name after divorce in California, the most important step is making the request before the judgment is entered. Talk to your attorney about including the request in your petition or response. If you are representing yourself, review Form FL-100 or FL-120 carefully and check the name restoration box.

After the judgment is entered, obtain certified copies and begin updating your documents systematically. Start with Social Security, then the DMV, then your passport, then your financial and professional records. Keep certified copies available because you will need them multiple times.

At Hayat Family Law, we handle name restoration as part of our standard divorce practice. We ensure the request is properly included, the judgment is clear, and our clients have the certified copies they need to update their lives. Whether you are just starting your divorce or nearing the final judgment, we will make sure your name restoration is handled correctly.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Name restoration procedures involve specific court requirements and document updates. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.

Sources:

• California Legislative Information – Family Code Sections 2080-2081
• California Courts – Family Law Forms FL-100, FL-120
• Social Security Administration – Name Change Procedures