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After a divorce, you cannot legally force your ex-wife to change back to her maiden name. She has the right to keep your last name.Additionally, discussing what name she will continue to use after your marriage is over during the divorce proceedings can be mutually beneficial.
Or maybe they decide that a divorce should signify a final split, and their ex-wife keeping their surname symbolically prevents the break from happening. However, no matter your reason for wanting the change, there is no legal obligation for your ex to go back to her maiden name.
On divorce, a woman may revert to using her maiden name either using a deed poll, or by using her decree absolute and her marriage certificate.A deed poll also has the advantage that other names can be changed at the same time or a completely new surname could be chosen.
You'll need to fill out Form SS-5, which is an application for a Social Security card. You'll also have to provide: Your legal name change document (marriage certificate or court order) Proof of identity (current driver's license or state ID will do the trick)
1. Always have your attorney include a name change order restoring your maiden name in your divorce decree. If women do not have a name change order within their divorce decree, they will have to petition the court system for a legal name change order an expensive and tenuous process.
If the courts have finalized your divorce, you can complete an application asking the divorce court judge to restore your former name. You can find the form online by searching the phrase name change in California. You can also visit your county clerk's office for the form in person.
Legally speaking, it doesn't make any difference whether you use your divorce documents or a deed poll to change your name. Either way, it's not the document itself that changes your name, it's just evidence of the fact that your name's been changed legally, your name is changed by usage.
For anyone reverting to their prior name, they will need a divorce decree, or else marriage and birth certificates from Births, Deaths and Marriages. If you don't already have this expect to pay between $35 to $65 per certificate. A successful legal name change name change application could cost between $110 and $280.
You simply need to take with you a copy of the Marriage Certificate, Birth Certificate and, if applicable, the Divorce Order to the relevant institutions and inform them that you are reverting to your maiden name.