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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35374
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I received my judgement signed by the judge and the notice

Customer Question

I received my judgement signed by the judge and the notice of entry and 4a says I will return to single status two months from now. My question is can I legally change my name at this point since the judge has granted the restoration of it in my judgement?
Submitted: 6 months ago.
Category: Family Law
Expert:  LawTalk replied 6 months ago.

Good afternoon Rosalie,

I'm Doug, and my goal is to provide you with excellent service today. I am a licensed CA attorney.

The Judgment you received will not be legally valid for any purpose for the 2 months that you need to wait. Until the Judgment becomes valid on its face---by the passage of time---it is not capable of being used to change your legal name on your driver's license, your social security card, passport or any other government issued ID.

You are free to begin to use your other name though for all other non-governmental purposes.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Customer: replied 6 months ago.
The date the judge signed my paperwork says 1 April and the interpretation I took from it was I was not free to remarry until after the August 18 date. So the name change and custody does not stand until after that to include to settlement agreement? I do not wish to remarry now I just wish to restore my maiden name.
Expert:  LawTalk replied 6 months ago.

Good morning Rosalie,

I took a second look at the FL-180, and if your judgment has been formally entered by the court clerk, evidenced by a court clerk date stamp on the Form FL-190, then all aspects of the judgment are effective as of the date signed by the court clerk. So it is correct that as long as the judgment has been entered, and there is an order in that judgment allowing you to change your name, that you may do so any time following the date of entry. However, from a legal perspective, you remain legally married until the date set out in paragraph 4(a). The other orders that may be present in the Judgment----such as child support, spousal support and child custody issues take immediate effect. So in this circumstance, you may use the judgment and Notice of Entry as proof of your eligibility to change your name.

Doug