Restoring Your Former Name After Divorce In San Jose: What You Need To Know

Divorce is a time of significant transition. For many people, reclaiming a former name is integral to moving forward. If you are considering a name change after a divorce in San Jose, the good news is that the process is relatively straightforward, provided you follow the appropriate legal steps. Our San Jose name change lawyer explains what you need to know.

When And How To Restore Your Former Name After A San Jose Divorce

While taking a spouse’s last name when you get married is still a tradition many follow, changing it after a divorce can help you start over, assert your independence, and dissociate from your spouse and their family.

Under Section 2080 of the California Family Code, a divorcing party has the legal right to request to restore their former (birth) name as part of the divorce proceedings. If you do so, the court can include the change as part of your divorce judgment. Steps you need to follow after include:

• Get a certified copy of your divorce order, which includes approval the name change;
• Update all government records, including your driver’s license, Social Security card, passport, and financial accounts;
• Provide certified copies of the name change order to over agencies and organizations.

Each agency you notify will have its own procedures for updating your name. For example, the state Department of Motor Vehicles (DMV) requires an in-person visit with proof of your legal name change, while the Social Security Administration (SSA) requires submission of the name change documents either by mail or in person.

If you didn’t petition the court for a name change during your divorce, you can still do so afterward. You must file a separate request using Form FL-395 (Request for Restoration of Former Name After Entry of Judgment of Dissolution or Nullity).

Common Issues to Watch Out For When Changing Your Name After A Divorce In San Jose

When changing your name after a divorce in San Jose, small mistakes can cause big headaches if not handled properly. Keep an eye out for:

• Not updating all legal documents (such as deeds, titles, and beneficiary designations);
• Delays in receiving certified copies of your divorce judgment;
• Inconsistencies between documents, which can cause identity verification problems later;
• Failure to notify financial institutions, leading to frozen accounts or fraud alerts.

Remember that timing matters. For example, updating your Social Security record before applying for a new driver’s license can prevent administrative delays at the DMV.

Get Trusted Legal Guidance From Our Experienced San Jose Name Change Lawyer

Reclaiming your former name can be a powerful step toward asserting your independence and starting a new chapter in life. Whether you need help during a Santa Clara County divorce or in the aftermath, you can count on Argyris Mah, LLP for trusted legal guidance and to ensure every detail is handled properly. Give us a call or contact our office online today to schedule a consultation with our experienced San Jose name change lawyer.

Sources:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=6.&title=&part=1.&chapter=7.&article=

selfhelp.courts.ca.gov/jcc-form/FL-395#:

ca.gov/departments/220/services/48/