Full question:
My Husband and I are getting a legal separation in California and I want to restore my maiden name. Can I have that done while getting the legal separation?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: California
Answer:
In California you cannot request the Court to restore your maiden name in a legal separation proceeding. If the proceedings were a dissolution of marriage or annulment, then you could request and the Court could restore your mainden name. This is controlled by Sections 2080 et.c seq. of the California Family Code which reads:2080. In a proceeding for dissolution of marriage or for nullity of marriage, but not in a proceeding for legal separation of the
parties, the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether or not a request for restoration of the name was included in the petition.
2081. The restoration of a former name or birth name requested under Section 2080 shall not be denied (a) on the basis that the
party has custody of a minor child who bears a different name or (b) for any other reason other than fraud.
2082. Nothing in this code shall be construed to abrogate the common law right of any person to change one's name.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
