Often after a divorce a person usually gets to put there name back to their birthname. Often this is the woman in the marriage. However, sometimes when two parties are fighting it out in court they often forget some minor details of the divorce. Child custody and property division become forefront in the litigation. Often some things are forgotten in the divorce. Not to worry. There are remedys after the divorce. Many issues arise after the divorce is final. Sometimes child custody becomes an issue. Sometimes Child support becomes an issue. Sometimes the divorce is an entry on reserved issues. This means that the parties are divorced however, they did not resolve all property issues at time of the divorce. They want to get divorced right away and worry about property issues later.
But one issue arises that is often overlooked and not talked about much. This issue is that of An Ex Parte Application For Restoration of Former Name After Entry of Judgment and Order. This motion occurs when the woman wants to put her last name back to her birth name. Usually woman forget to do this during the divorce proceeding because they are so preoccupied with other issues of the divorce such as property and child custody. This remedy is quite simple and certainly helps the woman regain her birth name back and regain her identity separate from the divorce. This has to be done legally because upon marriage many women assume the name of the man and thus their name changes to the name of the man. But upon divorce it is not an automatic reversion back to her birth name. Why you might ask does it not revert back to her birth name? Well tradition and many centuries of women assuming the identity of the man make the change back to the birth name not a guarantee or a desire of many woman. But there are certain woman who want go back to their birth name and do not want maintain the identity of the ex husband.
The procedure is quite simple and requires a motion to file with the court. The judicial counsel forms of the state of california provide an efficient method for the woman to gain back her self esteem and identity. The law office of David Schwarz has done many motions to restore the former name of the ex spouse. The motion usually takes a few weeks to prepare and file with the court. The Court then processes the request and files it with the court. The Court will return a filed and conformed copy of the motion and make it an order. Thereafter the party can go to the DMV or wherever the parties name is registered under the married name and legally change it back to their birth name. This procedure is a benefit to the party seeking relief to have a new lease on life getting back their own identity. Please feel free to call the law office of David Schwarz an Orange County,California Divorce Attorney to pursue this ex parte application to restore their former name.