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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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With a certified judgment, can I restore to my maiden name

Customer Question

With a certified judgment, can I restore to my maiden name BEFORE THE DIVORCE IS FINAL?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Has your divorce been bifurcated? Is the judgment you are referring to a decree of divorce?

2. What about the divorce is not yet final?

Doug

Customer: replied 1 year ago.
Not yet final, but have completed certified divorce judgment from court. Just in waiting period for it to be final. But would like to change name before final date if possible.
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thanks for the additional information.

Under CA law, while there may have been a judgment of divorce issued by the court prior to the running of the 6 month period, the divorce itself is not final until the 6 months has run. Until that date you are still legally married and while there is no law preventing you from using your maiden name, or the name you had before this last marriage, you will not be eligible to apply for a name change on your driver's license or social security card or Passport until the decree is actually final based on the passage of the necessary time.

If your divorce were not final because of the fact that it was bifurcated, and the court issued a judgment of divorce but left open matter of property distribution or support---so long as the 6 month waiting period had passed your divorce would be valid for a name change. However, it does not sound like this is your situation.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug