Can I get my maiden name back long after divorce?

Question: Years ago, I finished my divorce. I didn't change my name because I wanted to have the same last name as my children. They are grown up now, and I want to take my maiden name back. Since I didn't do it at the time we divorced, which was finalized years ago, do I lose my right to change my name, or can I get the maiden name back somehow? -- Sarah, Willows

Answer: Yes, you make take your maiden name even after you dissolution is final. Family Code Section 2080 provides that "in a proceeding for dissolution of marriage or for nullity of marriage, but not in a proceeding for legal separation of the parties, the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether or not a request for restoration of the name was included in the petition."

A party may fill out a form entitled "Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (Family Law) form FL-395." After this form is completed, two copies are made and the original and two copies are filed with the family law clerk. The judge will sign the order and your copies will be mailed back to you. This completes the process and you may then use your former name.

If you need assistance with this process, you may utilize the services of the Glenn County Superior Court Family Law Facilitator, or the Self Help Assistance and Referral Program; staff in these offices can walk you through the forms and process required to complete a name change. Appointments are available in both Willows and Orland (on a limited basis). Or, if you prefer, they also are able to see people in Red Bluff, Chico or Oroville.

Ask the Court is written by Glenn County Superior Court administration staff. E-mail questions to askthecourt@glenncourt.ca.gov or mail to Glenn County Superior Court, Attn: Ask the Court, 526 W. Sycamore St., Willows, CA 95988. Questions may be submitted anonymously.