How to Obtain a Legal Name Change
There are various reasons that a person in California may want to obtain a legal name change: getting married, getting divorced, after an adoption, after becoming a US citizen, in the aftermath of domestic violence, or in seeking a name change to match your gender identity or your child’s gender identity. Name changes are something that a family law attorney can assist you with, whether you are seeking to change your own name or your child’s name.
How can you obtain a legal name change? There is a general process for obtaining a legal name change, but there are also simplified options when you are changing your name because of marriage or divorce, which will be explained in more detail below.
Changing Your Name When You Are Getting Married
If you are getting married and you or your spouse want to change your name in connection with your new married name/identity, you can do so through your marriage license. In order to change your name through your marriage license, California law allows you or your spouse to change your name to a new legal name if one of the following is true with respect to the new name:
- It is your spouse’s current last name;
- It is the last name of you or your spouse at birth;
- It is a name “combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth”; or
- It is a combination of both of the spouses’ current last names.
It is important to be clear that California law does not require either spouse to make a name change upon marriage. The above types of legal name changes are possible, however, through the marriage license. If you want to change your name to something else entirely, you will need to initiate a name change case.
Changing Your Name When You Are Getting Divorced
There is also a simplified name change process when you are getting divorced. To change your name back to a former legal name, such as your birth name, you can file forms as you finish your divorce or after your divorce is final.
If you change your name at the time of finishing your divorce, you can write your former name in the Judgment (form FL-180) and the judge can sign it. The signed judgment then becomes the legal proof of your name change. If you wait until after your divorce, you will need to fill out the Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (form FL-395), make a copy of the form, and mail or turn it into the court where you filed your divorce. Your form will then be signed by a judge and you will have proof of a legal name change.
If you do not want to return to a former name and wish to change your name entirely, you will need to initiate a name change case.
Initiating a Name Change Case in California
Outside marriage or divorce, or for an unrelated name change in a marriage or divorce (see above), you will need to initiate a name change case. In order to do this, you will:
- File a petition for your name change with the court;
- Publish your forms in a newspaper (though this step can be waived if your name change request is to match your gender identity or your child’s gender identity);
- If the name change request is for your child, serve the other child’s parent with the name change forms;
- Wait approximately two to three plus months to receive a decision from a judge; and
- Have all relevant identity documents updated with the judge’s signed court order.
Contact Our San Jose Family Law and Divorce Lawyers Today for Assistance with Your Name Change
If you have questions about obtaining a legal name change in California or if you need assistance with this process, one of the experienced San Jose family law attorneys at Foster Hsu, LLP can assist you. Contact our firm today for additional information about the family law services we provide to individuals and families in Northern California.
Source:
codes.findlaw.com/ca/family-code/fam-sect-306-5/
