Change your name in your divorce case
If you’re getting divorced in California, you can ask to go back to a former name (like your birth name) as part of your case. You can also do this after your divorce is final.
Jump to section
- When you can change your name
- Change your name when you finish your divorce
- Change your name after your divorce
- Get certified copies
- Key takeaways
↗️ All court form links below open in a new tab.
When you can change your name
You can change your name in your divorce case if:
- Your divorce case is in California
- You want to go back to a former legal name (like your birth name or "maiden" name)
- You are not choosing a completely new name
If you want a new name (not a former one), you must start a separate name change case.
⚠️ If your divorce was outside California:
Contact the court that handled your divorce. Ask if they have a process to restore your former name. If not, you may need to start a new name change case.
Change your name when you finish your divorce
You can ask to change your name back on your final divorce forms:
- Declaration for Default or Uncontested Dissolution or Legal Separation (form FL-170) ↗️
Check item 12 to ask to restore your former name. - Judgment (form FL-180) ↗️
In item 4(f), write the full name you want to return to.
Once the judge signs your Judgment, it becomes your legal proof of your name change.
Change your name after your divorce
If your divorce is already final, you can still ask to change your name back.
Fill out and file your form
- Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (form FL-395) ↗️
Use this form to ask the court to change your name back to a former name if your divorce is already final.
Then:
- Make 1 copy of the form
- Prepare a self-addressed stamped envelope (unless you’ll pick it up from the court)
- File or mail the form to the court where your divorce was filed
The clerk will give your form to a judge to review and sign.
📌 Processing time can vary by court.
- If this is the first paper you’ve filed in your case, you may have to pay a filing fee (about $435–$450)
- If you already paid a filing fee, you may not need to pay again
- Check with your court clerk to confirm
If you can’t afford the fee, you can ask for a fee waiver (↗️ opens in a new tab).
What happens next
If the judge signs your FL-395, the clerk will send you the signed form.
This signed form is your proof of your name change.
Get certified copies
After the judge signs your FL-180 or FL-395, you may want to get certified copies to use to update your IDs. Many government agencies (like the Social Security Administration or Department of Motor Vehicles) will ask for a certified copy to change your name in their records.
Ask the court clerk to certify copies for you.
💵 The fee is about $40 per certified copy.
If you can’t afford it, you can ask for a fee waiver ↗️.
⚠️ Your IDs and records are not updated automatically with your new name.
You must contact each agency yourself and show them a copy of your name change.
Key takeaways
- You can go back to a former name as part of your divorce or after your divorce is final.
- Use form FL-170 and form FL-180 if you’re still finishing your divorce.
- Use form FL-395 if your divorce is already final.
- The judge's signed court form is your legal proof of your name change.
- You must update your name with each agency yourself. It's not updated automatically.