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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7400
Experience:  Experienced Family Law Attorney
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MY EX SPOUSE AND I HAVE BEEN DIVORCED SINCE 2011. THE

Customer Question

MY EX SPOUSE AND I HAVE BEEN DIVORCED SINCE 2011. THE DIVORCE DECREE WAS GRANTED IN OUR STATE OF RESIDENCE IN NJ. I NOW RESIDE IN FLORIDA AND MY EX WIFE RESIDES IN CALIFORNIA. MY EX WIFE DID NOT REQUEST A NAME CHANGE IN THE ORIGINAL NJ DECREE. SHE NOW WANTS TO CHANGE HER NAME BACK TO HER MAIDEN NAME.
QUESTION. DOES SHE NEED TO HAVE THE DIVORCE DECREE AMMMENDED IN NJ? OR CAN SHE REQUEST A NAME CHANGE IN CALIFORNIA COURT WITH A NJ DIVORCE DECREE OR MUST SHE RETURN TO THE STATE OF ORIGIN ? SHE IN CALI I IN FLA. ty
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please.

Expert:  LegalGems replied 1 year ago.

One would file a Petition for Name Change in the state of CA, since the state of current residency has jurisdiction over the process. In the reasoning for the name change, one can reference the out of state divorce proceeding (and it is helpful to attach a certified copy of the decree). The judge will typically permit adult name changes so long as they are not being requested to defraud third parties (ie creditors).

Customer: replied 1 year ago.
Would this require an actual apperance or can it be done by mail? and do you have any idea of the fees? TY
Expert:  LegalGems replied 1 year ago.

It does require an actual appearance by the person requesting the name change; it appears the fee is approximately $435 for filing the petition.

Expert:  LegalGems replied 1 year ago.

** some courts will allow for telephonic appearance but that varies based on the local judge.

Expert:  LegalGems replied 1 year ago.

If applicable, fee waiver for low income parties: http://www.courts.ca.gov/selfhelp-feewaiver.htm

Expert:  LegalGems replied 1 year ago.

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