Getting your name back after a divorce is one of the most practical, and most often overlooked, parts of the whole process. California makes it straightforward if you ask for it at the right time, and still fairly simple if you forget and only realize months or years later.
Key Takeaway: If your divorce is still open, you can restore your former name directly in the judgment using Forms FL-170 and FL-180. If your divorce is already final, Form FL-395 lets you go back to the same court and get a restoration order without reopening your whole case.
If your California divorce case is still active, restoring your former name is built directly into the standard paperwork:
- On Form FL-170, Declaration for Default or Uncontested Dissolution, there is an item where you check a box to request restoration of your former name. Our guide to Form FL-170 walks through this and the rest of the declaration.
- On Form FL-180, Judgment, there is a section where you write out the full former name you want restored. Once a judge signs the judgment, that signature is your legal authorization for the name change; no separate order or additional filing is needed. Our guide to Form FL-180 covers how the judgment form is completed section by section.
The name you restore is generally limited to a name you actually used before this marriage, most commonly a maiden name, though it can also be a name from a prior marriage in some cases. This is different from an original, standalone name change, which lets you choose an entirely new name but requires public notice and a court hearing. Restoration skips that process because you are simply going back to a name that already has a history.
It is common to not think about a name change until well after the paperwork is filed, or to decide only later that you want your former name back. If your judgment has already been entered and it did not include a name restoration, you are not stuck. California allows you to request restoration after the fact, without reopening your entire divorce case or filing a brand new name change petition.
This is exactly what Form FL-395 is for. It exists specifically to close this gap: your case is already closed, but you want the same restoration right you could have requested at the time.
There are a lot of reasons people end up in this situation. Some people simply were not aware restoration was an option during the divorce, especially in a default or uncontested case where the paperwork moved quickly. Others intended to keep their married name at the time, for the sake of shared children or a career, and only later decided to switch back. Whatever the reason, California does not require you to explain why you did not request it originally. The court's focus is simply confirming your case number, your judgment date, and the former name you are entitled to restore.
<h2 id="how-fl-395-works">How the Ex Parte Restoration Process Works</h2>Form FL-395, Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order, is filed as an ex parte request, meaning it is decided by the judge without a full noticed hearing in most cases. The process generally works like this:
- Confirm the court where your divorce was filed. FL-395 goes back to that same Superior Court, using your existing case number.
- Complete Form FL-395, entering your case number, the date your judgment of dissolution or nullity was entered, and the full former name you want restored.
- File it with the court clerk. Depending on whether you have paid a filing fee earlier in the same case, there may or may not be an additional fee for this filing. Many courts also ask you to include a self-addressed, stamped envelope so the signed order can be mailed back to you.
- Wait for the judge to sign. Because this is generally a straightforward, uncontested request, courts typically process FL-395 without requiring you to appear.
- Receive your signed order. Once signed, the clerk returns the order to you, and that signed document is your legal proof of the restored name, the same as a judgment would have been.
There is no fixed statewide timeline for how long this takes, since it depends on the individual court's processing schedule, but because FL-395 is generally handled without a hearing, it tends to move faster than most family court filings. If your court has not responded within what feels like a reasonable window, your county Superior Court self-help center or clerk's office can tell you the status and any local processing times to expect.
Pro Tip: FL-395 is meant to be simple. If you find yourself needing more than restoring a name you already used before this marriage, for example wanting to change to a name you have never had, that generally requires a separate standalone name change petition rather than FL-395.
It helps to understand why restoration through FL-180 or FL-395 is so much simpler than a general name change, since the difference explains most of the rules above.
A standalone name change petition, the kind anyone in California can file at any time for almost any reason, is a more involved process. It generally requires:
- Filing a separate petition with the Superior Court
- Publishing notice of the proposed name change in a local newspaper for a set period, so the public has an opportunity to object
- Attending a court hearing, where a judge reviews the petition and any objections before granting it
- Paying a filing fee, generally in the same range as other first-time family court filings
Restoration after divorce skips almost all of that. Because you already legally held the former name before this marriage, and because the change is happening as part of, or immediately connected to, a divorce case, California does not require public notice or a separate hearing. That is the entire reason FL-395 exists as an "ex parte" process rather than a noticed petition: the court already has everything it needs to confirm this is simply a return to a name you are legally entitled to use, not a brand new identity change.
This distinction matters if you are weighing your options. If you want to go back to a name you used before this marriage, restoration is almost always faster and simpler. If you want an entirely new name you have never used, you will need the full petition process regardless of your marital history.
<h2 id="name-changes-for-safety">Restoring Your Name for Safety Reasons</h2>If you are considering a name change because you are leaving an abusive relationship and are concerned about your safety, please put your safety first. In an emergency, call 911. If you need support figuring out next steps, the National Domestic Violence Hotline is available at 1-800-799-7233, or you can text START to 88788.
For some people, restoring a former name is part of a broader safety plan after leaving an abusive marriage, since it can make it harder for an abusive former spouse to track down current address or employment information tied to a shared last name. If safety is a concern, it is worth talking with an advocate or attorney about additional protections, such as a restraining order or confidential address programs, alongside the name restoration itself. Our guide on restraining orders in California covers how protective orders work and how they interact with the rest of a family law case.
<h2 id="your-signed-order-is-the-proof">Your Signed Order Is Your Proof</h2>Whether your name was restored through your original judgment (FL-180) or through a later FL-395 order, the signed document from the court is what proves the name change to every other agency and institution you deal with. There is no separate name change certificate issued beyond this signed court paperwork.
Because you will need to show this document repeatedly, most people order multiple certified copies from the court clerk rather than presenting the same original everywhere. Certified copies generally cost a per-copy fee, and some agencies keep the copy you provide rather than handing it back, so ordering two or three at once saves a return trip to the courthouse.
Your name does not change automatically anywhere outside the courthouse. You have to update each record yourself, and doing it roughly in this order tends to go more smoothly, since some agencies check your name against others:
- Social Security Administration first: bring your certified court order and identification to update your Social Security card, since many other agencies verify your name against Social Security's records
- Department of Motor Vehicles next: update your driver's license or state ID once Social Security reflects your new name
- U.S. passport: submit a passport name change application with your certified court order (requirements differ depending on how recently your current passport was issued)
- Bank accounts and credit cards: update account names to match your new legal name and ID
- Employer and payroll records: so your paycheck, tax withholding, and benefits match your legal name
- Voter registration: update through your county elections office
- Insurance policies: health, auto, life, and any other policies in your name
- Property titles, leases, and vehicle registration: update ownership records to reflect your current legal name
- Wills, trusts, and beneficiary designations: review and update these so they still clearly refer to you
- Assuming your name changes automatically once the judgment is signed, without following up at Social Security, the DMV, or elsewhere
- Requesting a name you never actually used before the marriage through FL-180 or FL-395, when that generally requires a full standalone name change petition instead
- Only obtaining one certified copy of your order and having to return to the courthouse for more
- Waiting so long after divorce that you lose track of your case number, which you will need for FL-395
- Forgetting to update your name with your employer, which can cause mismatches with tax records
- Not considering safety planning alongside a name change if the divorce involved domestic violence
Can I restore my maiden name as part of my California divorce?
Yes. California lets you request restoration of a former name, typically your maiden name or a name used before the marriage, as part of your divorce judgment. You do not need to file a separate name change petition or publish notice in a newspaper, since restoring a former name after marriage is treated differently than an original name change.
What if my divorce is already finalized and I did not ask for my name back?
You can still restore your former name. Form FL-395, Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order, lets you go back to the same court that handled your divorce and ask for a restoration order, even years after the judgment was entered.
Do I need to pay a filing fee for FL-395?
It depends on your case. If FL-395 is the first document you have filed in your case, generally around $435 to $450 may apply as with other first filings. If you already paid a filing fee earlier in your divorce case, there may be no additional fee. Confirm current fees with the clerk at the court where your divorce was filed.
Does my name change automatically update on my Social Security card, license, or passport?
No. Your signed court order is proof of your legal name change, but you have to take it to each agency yourself. Social Security, the DMV, the passport office, your bank, and your employer all need to be updated separately using certified copies of your order.
How many certified copies of my name change order should I get?
Most people need at least two or three certified copies, since some agencies keep the copy you present rather than returning it. Certified copies are available from the court clerk, generally for a per-copy fee, so it is worth ordering a few at once rather than going back multiple times.
Can I restore a name other than my maiden name?
Restoration through the divorce case (using FL-180 or FL-395) is generally limited to a name you used before the marriage, such as a maiden name or a name from a prior marriage. If you want to change your name to something you never used before, that typically requires a separate, standalone name change petition, which involves public notice and a court hearing, unlike restoration.
How Virdix Helps
Restoring your name is a small line item on a form, but getting it wrong, or forgetting it entirely, means an extra trip back to court later. Virdix helps by:
- Guided questions that make sure name restoration is included in your judgment paperwork the first time
- Consistency checks across your FL-170 and FL-180 so your requested name matches throughout your case
- Clear next steps for filing FL-395 if your case is already closed and you want your name restored now
Our uncontested divorce checklist also covers where name restoration fits into the bigger picture of finishing your case; see The Complete Uncontested Divorce Checklist for California.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed California family law attorney.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), Judicial Council of California.