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Filing for a name change after getting divorced

California women who have legally divorced may want to change their name back to a maiden one afterwards. The process can vary but can be quite easy to request in court during the divorce proceeding. After the divorce process is completed and a court order is issued that includes a name change, there is nothing else that must be done. The court can provide a certified copy with proof of the legal name change. The copy can be used to aid in the process of changing the name on a driver's license, bank account or passport.

After the divorce process is completed, if the court documents do not reflect the maiden name, the court may be able to change the name on the documents if the change is requested. Even if the divorce court documents do not indicate a name change request or cannot be changed on the court records, it is still possible to restore to a maiden name.

Any documentation that shows a maiden name should be sufficient, such as a birth certificate. The process of changing back to a maiden name is not nearly as tedious of a process as changing to an entirely new name. Immigrants who have recently moved to the United States could have more difficulty in the process.

In situations where a mother wants to change her children's last name to her maiden name after divorce, the court will take a variety of factors into consideration before approving the name change. Whatever benefits the child the most will typically be the determining factor. During the process of legally filing for a divorce, factors can include issues like name changes, child custody, visitation schedules and child support payments. In a situation of wanting to change the child's last name, an attorney may be able to assist in the process.

Source: FindLaw, "Changing Your Name After Divorce", accessed on Jan. 16, 2015

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Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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