What is the name of your state (only U.S. law)? CA
My ex husband and I both changed our last names when we got married, hyphenating both our last names together (i.e. Jones-Smith).
We just finished the process of a default divorce, in which I was the petitioner.
On the FL 180, it has a check box to indicate if the petitioner or respondent wants their former name restored. I checked BOTH boxes, and wrote in what we both want our names restored to.
The clerk who entered the judgement crossed out "respondent" and my ex's former name on the form, effectively making the form only useful to me in getting my name restored.
When we had appeared before a judge for our custody hearing prior to this, we asked the judge about if this last name situation would be a problem and he said no, that he would have no problem ok'ing both name changes when the paperwork made it up to him. But, of course, it's really the clerk who handles it and the judge never saw it.
When I called the court house the clerk stated that because it was a default divorce, that my ex was not entitled to any rights in the proceeding, as he is the one who "defaulted"/didn't respond to anything.
So was the judge out of turn speaking? Would this have been the case had he filed for default and I was the respondent? I would not have been allowed to change my name back?
I cannot find any law the pertains to default divorce in CA that states the respondent ISNT entitled to change their name back, if anyone has any resources on this that would be much appreciated.
My ex husband and I both changed our last names when we got married, hyphenating both our last names together (i.e. Jones-Smith).
We just finished the process of a default divorce, in which I was the petitioner.
On the FL 180, it has a check box to indicate if the petitioner or respondent wants their former name restored. I checked BOTH boxes, and wrote in what we both want our names restored to.
The clerk who entered the judgement crossed out "respondent" and my ex's former name on the form, effectively making the form only useful to me in getting my name restored.
When we had appeared before a judge for our custody hearing prior to this, we asked the judge about if this last name situation would be a problem and he said no, that he would have no problem ok'ing both name changes when the paperwork made it up to him. But, of course, it's really the clerk who handles it and the judge never saw it.
When I called the court house the clerk stated that because it was a default divorce, that my ex was not entitled to any rights in the proceeding, as he is the one who "defaulted"/didn't respond to anything.
So was the judge out of turn speaking? Would this have been the case had he filed for default and I was the respondent? I would not have been allowed to change my name back?
I cannot find any law the pertains to default divorce in CA that states the respondent ISNT entitled to change their name back, if anyone has any resources on this that would be much appreciated.
