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Changing Your Married Name Most divorce attorneys will include a provision in the final divorce decree which will legally change the name of one of the divorcing parties.There is also no requirement which states that a woman (or man) must revert back to her same maiden name after a divorce.
Although there is no legal requirement to do so, many separated or divorced women revert to using their maiden name. This is entirely a personal choice as there is no legal requirement to do so. Your husband cannot make you stop using his surname if you wish to continue to do so after your separation.
You simply need to take with you a copy of the Marriage Certificate, Birth Certificate and, if applicable, the Divorce Order to the relevant institutions and inform them that you are reverting to your maiden name.
If the courts have finalized your divorce, you can complete an application asking the divorce court judge to restore your former name. You can find the form online by searching the phrase name change in California. You can also visit your county clerk's office for the form in person.
The Court will schedule a hearing for your Name Change. That hearing will be about 6-8 weeks after you file the Petition. Almost always, you get your judge-signed Court Order on the hearing date. Some courts take longer than that because of cutbacks and scheduling problems.
Changing your surname after marriage is not part of the legal marriage process, but a separate procedure you can complete in your own time, should you wish. It is an often-followed tradition but it is not legally required and it does not happen automatically.
Changing your name after divorce All you need to revert your ID and bank accounts back to your maiden name after you divorce is your decree absolute and your marriage certificate. Alternatively, you can change your name by deed poll and present this document instead.
Legally speaking, it doesn't make any difference whether you use your divorce documents or a deed poll to change your name. Either way, it's not the document itself that changes your name, it's just evidence of the fact that your name's been changed legally, your name is changed by usage.
The law allows a spouse to change his or her name before or after a divorce decree is entered by filing a notice with the office of prothonotary in the county in which the divorce action was filed or the decree of divorce was entered. The written notice should include the caption and docket number of the divorce case.