I Forgot to Change My Last Name! FL-395 to the Rescue

My office processes a lot of divorce judgments.  In all shapes and sizes.  The other day, my client called to tell me she forgot she wanted to restore her maiden name.

Usually, we request this in Judicial Council Form FL-180.  But what happens if you forgot?

Have no fear, FL-395 is here!

First, remember, you have a right to adopt any name you want, as long as it is not for the intent to defraud or intentionally confuse.  See Weathers v. Superior Court (1976) 54 Cal.App. 3rd 286.  You can basically go around calling yourself any name you want.  HOWEVER, if you want to have photo identification along with the name, the agency processing the document will need some sort of court order.

Usually, in a divorce, if the box for restoring your maiden name is checked on the FL-180 (box 4 f), as soon as Judgment is entered, you may request a certified copy of your Judgment.  The DMV and Social Security will change it.

If you forgot to check the box on FL-180 as client did.  You need only file the FL-395.  There is no filing fee.

Have a case like this?

Family matters are extremely personal, and it is important for us to know details of your case before giving advice. Each case is different, and it is important to find an attorney you trust. To arrange an appointment, please call us at (626) 765-5767 between 8:30am – 5:00pm, Mondays to Fridays, or fill out the form below.

Schedule a Consultation