For many, changing a name after a divorce is a meaningful step toward starting a new chapter in life. This guide covers the key stages to change your name in California, including when and how to legally change your name, the required forms, and how to update your personal records.
Pakpour Banks LLP is a California divorce law firm dedicated to helping clients navigate legal issues involving the family, including divorce and name changes. Our team is committed to guiding every client through the legal processes while saving money and minimizing the amount of conflict in their lives. We can help you change your name and pursue any other divorce-related issues.
When Can You Change Your Name?
The divorce process typically involves the following steps:
- Filing the petition. One spouse files a petition, the paperwork that formally starts the divorce process, with the California courts. That spouse becomes the “petitioner.”
- Service of process. The petitioner serves copies of the divorce papers on the other spouse (the “respondent”).
- Response. The respondent can file a response agreeing to or contesting the terms of the divorce.
- Discovery and financial disclosures. Both spouses exchange financial information and documents.
- Negotiation or mediation. If the spouses agree on all divorce terms through negotiation or mediation, they can submit a marital settlement agreement to the court.
- Trial. If the spouses cannot agree, the case may go to trial, where a judge will decide unresolved issues.
- Finalizing the divorce. The judge issues a final divorce decree, which officially ends the marriage and contains all divorce terms.
You can change your name during or after the divorce process.
How to Legally Change Your Name During Divorce
To change your name during the divorce process, you can include the name change in the initial paperwork you file, whether it is a petition or response. If you do not make the request as part of your initial filing, you can still request a name change if the court has not issued a final order. However, you may need to file extra papers to do so. At the end of the divorce process, the court grants your request as part of the final divorce decree, which serves as legal proof of your name change.
How to Legally Change Your Name After Divorce
If you did not request a name change during your divorce, do not panic. A simple one-page form can be used to restore your name after divorce. It’s called the “Ex Parte Applications for Restoration of Former Name After Entry of Judgment and Order,” or Judicial Council form FL-395. You must file this form in the same county in which your judgment of divorce was entered. You do not need to serve it on your former spouse.
Once you file this form, request a certified copy with which you can update your records.
Updating Your Records
Once your name change is finalized, updating your identification and financial records is critical. Failing to do so can create legal and economic complications, including problems with taxes, banking, and employment.
You may want to update the following documents and accounts:
- Social Security card. Complete Form SS-5 and submit it online or to your local Social Security Administration (SSA) office.
- Driver’s license or state identification. Visit a California Division of Motor Vehicles (DMV) office and complete a name change request.
- Passport. You can obtain a passport application online or through the US Postal Service and submit it according to the criteria in the application.
- Voter registration. Complete and submit a voter registration update form, available through the California Secretary of State’s website or your local election office.
- Financial accounts and credit cards. Contact your financial institutions using their preferred method.
You should also request that your employer update their records to ensure your tax forms, payroll, and benefits reflect your new name. Reach out to the employer’s human resources or payroll department for assistance.
For each request, you must prove that you have legally changed your name. Generally, you can use an official copy of your final divorce decree or post-divorce name change order as proof of your legal name change. Individual applications may request additional documentation, such as proof of US citizenship if you are applying for a passport.
Get Help Reclaiming Your Name
Changing your name after divorce can be vital in reclaiming your identity and separating yourself from your spouse. Pakpour Banks LLP is here to support you through the process. Contact us today to schedule a consultation.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.