General information, not legal advice. NewLastName isn't a law firm, doesn't give legal advice about your situation, and doesn't refer you to lawyers.
Going back to your prior name after divorce
You can return to a former name after divorce when a court order says so. In California that order can be the divorce judgment or a later form FL-395. A brand-new name is a separate name-change case. The signed order is what Social Security and other agencies ask to see. This page does not explain how to file for divorce.
Last checked: 2026-10-10 for the court and agency pages linked here. California's filing fee was checked on the statewide civil fee schedule on 2026-10-19.
Key facts for California
| Situation | What the courts' page says |
|---|---|
| Divorce case still open in California | Ask on form FL-170, item 12, and write the former name on the judgment, form FL-180, item 4(f). |
| Divorce already final in California | Form FL-395 |
| Statute | Family Code section 2080 |
| A name that is not a former name | A separate name-change case, not this path |
| Divorce from another state | Ask the court that entered that divorce. California's page does not process it. |
| Fee if FL-395 is the first paper you file | If FL-395 is the first paper you file in that court, there's a first-paper fee (see the courts' fee information: https://selfhelp.courts.ca.gov/name-change). Ask the clerk. |
What you are asking for
Family Code section 2080 says that in a dissolution or nullity case, not a legal separation, the court shall restore a party's birth name or former name when that party asks, even if the request was not in the original petition. Section 2081 says the request is not denied because the person has custody of a child who uses a different name, except for fraud. The courts' name-in-divorce page is the plain-language version.
Steps, name only
- If the California divorce is not final. The courts' page says the name request goes on FL-170 item 12 and FL-180 item 4(f). This guide stops there. It does not cover serving divorce papers, support, or property.
- If the California divorce is already final. File FL-395 in the same court. Make one copy. Include a self-addressed stamped envelope if you want the signed form mailed back, unless you will pick it up. The clerk gives the form to a judge.
- If you want a new name, not an old one. That is a separate name-change case; see https://selfhelp.courts.ca.gov/name-change.
- Update agencies after the judge signs. Order certified copies. Then follow Social Security, then the state ID, then the passport. Do Social Security first. Most DMVs check your name against Social Security's records, so go after Social Security has finished your update. Check your state DMV's page for whether they want the new card or the SSA receipt. The State Department passport name-change page lists a divorce decree as one example of proof.
What differs by state
FL-395 and Family Code section 2080 are California. Other states put a former-name request in their own divorce judgment. If yours has no name-restoration clause, you'll need a separate court step (rules vary by state), such as a later motion. Use the state guide, and the court that entered the divorce, for that wording. Our divorce name-change page has more detail.
| State | Official page | State guide |
|---|---|---|
| Arizona | Court page | State guide · Court petition page |
| California | Court page | State guide · Court petition page |
| Florida | Court page | State guide · Court petition page |
| Georgia | Court page | State guide · Court petition page |
| Illinois | Court page | State guide · Court petition page |
| Massachusetts | Court page | State guide · Court petition page |
| Michigan | Court page | State guide · Court petition page |
| New Jersey | Court page | State guide · Court petition page |
| New York | Court page | State guide · Court petition page |
| North Carolina | Court page | State guide · Court petition page |
| Ohio | See the state guide | State guide · Court petition page |
| Pennsylvania | Court page | State guide · Court petition page |
| Texas | Court page | State guide · Court petition page |
| Virginia | Court page | State guide · Court petition page |
| Washington | Court page | State guide · Court petition page |
| Washington, D.C. | Court page | State guide · Court petition page |
Free official help
The family-law self-help center at the court that heard the divorce can look at FL-395. This page does not explain the divorce case and does not refer you to a private lawyer.
Not legal advice. NewLastName is not a law firm, and not affiliated with any court or government agency.
Common questions
Is there a fee to file form FL-395?
It depends. California Courts says that if FL-395 is the first paper you have filed in your case, you may have to pay a filing fee. If a filing fee was already paid in the case, you may not need to pay again. The courts' page says to check with the court clerk, and a fee waiver can be requested if you cannot afford it.
Source: California Courts: restore your former name after divorce
How long does the court take to sign FL-395?
California Courts says processing time can vary by court, and it gives no set timeline. The clerk gives the form to a judge to review and sign. If the judge signs it, the clerk sends you the signed form, which is your proof of the name change. Including a self-addressed stamped envelope is how you get it mailed back.
Source: California Courts: restore your former name after divorce
Do agencies need a certified copy of the order?
Many do. California Courts says many government agencies, such as the Social Security Administration and the DMV, will ask for a certified copy to change your name in their records. Certified copies of a signed FL-180 or FL-395 come from the court clerk, and a fee waiver can cover the cost if you cannot afford it. Fees vary by court.
Source: California Courts: restore your former name after divorce
My divorce was outside California. What happens then?
California's FL-395 path is for California divorce cases. California Courts says that if your divorce was in another state, you contact the court that handled the divorce and ask whether it has a process to restore a former name. If it does not, a new name-change case may be needed. The process and fees vary by state and county.
Source: California Courts: restore your former name after divorce
Also on this site
Official sources
Forms, fees and rules change. Check these official pages (and your county court) before you file.
- Change your name in your divorce case (California Courts Self-Help Guide) Last checked 2026-10-10.
- Restoration of former name after judgment (form FL-395) (California Courts Self-Help Guide) Last checked 2026-10-10.
- Family Code section 2080, restoration of a former name (California Legislative Information) Last checked 2026-10-09.
- Change your name with Social Security (Social Security Administration) Last checked 2026-10-09.
- Name change for a U.S. passport or correct an error (U.S. Department of State) Last checked 2026-10-09.
Not legal advice. NewLastName is not a law firm, and not affiliated with any court or government agency.