How do You Change Your Name After Your Divorce or Nullity Judgment in San Diego Superior Court in 2014?

WHAT IS THE PROCEDURE FOR RESTORING A FORMER NAME OR BIRTH NAME IN SAN DIEGO SUPERIOR COURT IN A NULLITY OR DIVORCE JUDGMENT?

For many spouses, after a divorce judgment, they want to change their name. The procedure is relatively non complex and the name change can be included in the divorce judgment pleadings or there is a form which may be submitted after judgment. In a proceeding for nullity of marriage or for dissolution of marriage, the San Diego Superior Court Judge, upon the request of a spouse, shall restore the former name or birth name of that spouse. It does not matter whether or not a request for restoration of the name was included in the divorce or nullity petition”. This is also not a gender issue and some husbands take the last name of their wives and they can also ask for restoration. There is a clause in the marriage settlement agreement which can contain the restoration of the name. In addition, in the Judgment pleading, there is also a box which can be checked as well as a listing of the exact spelling of the legal name to be restored. Make sure that the name you are restoring is spelled correct and exactly. In 2014, more couples hyphenate their names upon marriage then was done 20 years ago. As such, the husband may also wish to use this provision to formalize a return to his premarital name as well as the wife. Again, this is gender neutral. The restoration of a birth name or former name requested under the law under the Family Law Code Section shall not be denied either on the basis that the party has custody of a minor child who has a different name or for any other reason other than fraud. As such, this is the unilateral right of the one who wants their name restored.

WHAT IS THE PROCEDURE FOR RESTORATION OF A BIRTH NAME OR FORMER NAME IN A LEGAL SEPARATION?

There is no right to a name change in a legal separation however there is the same right as all have to change their name in civil court. This is considered the common law right of any person to change their name however, of course, there are restrictions. A petition for a name change can be filed in San Diego Superior Court.

DO YOU HAVE TO RESTORE YOUR NAME AFTER A DIVORCE OR NULLITY JUDGMENT?

You do not have to restore your name after a nullity judgment or a divorce judgment.

CAN YOU FORCE YOUR FORMER SPOUSE TO RESTORE THEIR NAME?

In many cases, one spouse does not want the other spouse to keep t heir married name. Unfortunately, under the California Family Law Code, this is the sole and unilateral decision of the one who either wants to change their name or keep their name.

A LOCAL SAN DIEGO LAW FIRM WHO CAN HELP IN YOUR FAMILY LAW CASE

The law firm of Doppelt & Forney, APLC can assist you with your name change and with your family law case. The firm offers a consultation which is completely free and confidential up to thirty minutes in their office which is conveniently located off the I-15 at Bernardo Center Drive. Free parking is available.

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