Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Divorce, Separation & Annulment

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-15-2002, 12:03 PM
swebb
Guest
 
Posts: n/a
Cool

Name change in CA


What is the name of your state? ca
been divorced for 20 yrs and kept the x's name because of kids - now want my maiden name back - how do I do this?
  #2  
Old 06-15-2002, 12:24 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Name change in CA


Quote:
Originally posted by swebb
What is the name of your state? ca
been divorced for 20 yrs and kept the x's name because of kids - now want my maiden name back - how do I do this?
My response:

Easy. You fill out and file a "Petition for Name Change," and pay the $194.00 filing fee. In Los Angeles, it's form #403.

IAAL
  #3  
Old 06-15-2002, 01:29 PM
Senior Member
 
Join Date: Jul 2001
Location: California
Posts: 1,154
i do not believe that formality is necessary. The maiden name was always hers and she only needs to resume using it. She would merely have to send copies of her birth certificate and the divorce decree to SS, banks, fund administrators, DMV, etc.
  #4  
Old 06-15-2002, 04:17 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by vrzirn
i do not believe that formality is necessary. The maiden name was always hers and she only needs to resume using it. She would merely have to send copies of her birth certificate and the divorce decree to SS, banks, fund administrators, DMV, etc.
My response:

Not so, Vrzirn. After twenty years of using a "married name", California recognizes that name as your legal name; i.e., because it's on a Marriage Certificate. Due to the marriage, you get that name change for free.

Now, if you take a look at a Petition for Dissolution form, you'll see a question with a check box that asks if you wish the Order of Dissolution to include a reversion back to your pre-marital name. If you don't check that box, any Order of Dissolution will not include a name change. Such a change is a freebie at the time of Dissolution. After the Order is signed by the judge, and you didn't check that box, it's too late to have your name changed legally. A person would then be required to file a new Petition for Name Change, and pay a new filing fee.

Sure, you can call yourself anything you want. However, when it comes to signing "legal papers" of any type, you'd still have to sign with your "legal" name. So, to make it all legal, a Petition is required.

IAAL
  #5  
Old 06-15-2002, 04:58 PM
Senior Member
 
Join Date: Jul 2001
Location: California
Posts: 1,154
Aha! So that is how I got my maiden name back so easily. Just checked the correct box.
Perhaps our poster did so as well and just forgot.
  #6  
Old 06-15-2002, 05:06 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by vrzirn
Perhaps our poster did so as well and just forgot.
My response:

Well, no - - not exactly, Vrzirn . . .

If you recall, our writer said - -

"been divorced for 20 yrs and kept the x's name because of kids."

So, it sounds to me like our writer "purposefully" did not request a legal name change at that time, and now, because she "remembered" that she didn't request a name change at the time, is now wanting it formally changed.

Unfortunately, our writer never did mention her County name, so I used Los Angeles as an example for the form. Each County has it's own particular form, and form number.

IAAL
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:54 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.