Do you want to change your last name back to your maiden name?
FAMILY COURT
HOW TO:
Ask the Court to change your name back to your maiden name.
WHEN TO USE:
Your divorce is already FINAL (you already have a divorce judgment filed with the Court in Santa Clara County). You did not already ask the court to change your name back to your maiden name in your divorce judgment. You now want to change your name back to your maiden name. Note: You cannot use this form to change your name to any other name. For that you to go through the name change process in Probate Court. You can get name change forms at the Probate Clerks office at 191 N. First St. or at the Self-Service Center at 99 Notre Dame Avenue, both in San Jose, CA or on the internet at the sites below.
Self-Service Center, Superior Court, County of Santa Clara, 99 Notre Dame Avenue, San Jose, CA 95113 408-882-2900 x-2926
www.scselfservice.org Santa Clara County Self-Help website 2/12/2009 www.sccsuperiorcourt.org Santa Clara County General website www.legalselfhelp.ca.gov State of California Self-Help website
INSTRUCTIONS A.
Fill out the attached blank form using the attached sample as a guide (type or print neatly in blue or black ink):
Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (form #FL-395 )
You can also get this form from the Court’s website at www.scselfservice.org (then click on “Family” and then “Rules/Forms”), you can buy it at Rose Printing (39 N. First St., San Jose 2938177) or the form will be provided to you if you come to the Self-Service Center for help.
B.
How to File Your Papers – Follow these easy steps in order, from 1 to 3:
1. Make 2 copies of the Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order form (one for You, one for the other party, the original is for the Court file). 2.
Take the original and copies of your form AND a copy of your divorce judgment to the Document Examiner’s Office in the basement at 170 Park
Center Plaza, San Jose, CA. They will stamp the name change form with the Judge’s signature while you wait.
3.
File Your Forms
The filing fee is $40.00.
A. How to file if you CANNOT afford the filing fee:
Fill out an Application for Waiver of Court Fees and Costs packet (forms #FW-001 and #FW-003). You can get a packet from the Clerk’s office or the Self-Service Center. Sample fee waiver forms are available at the Self-Service Center. Turn your fee waiver forms and the form you are filing into the Document Examiner window at 170 Park Center Plaza, San Jose, CA 95113. They will present your fee waiver forms to the Judge for his or her approval. Include your 3 most recent pay stubs or proof of income. Your file-stamped copies may be returned to you right then. You may also be asked to return the next business day to pick up your filed papers from the Clerk’s Office, or they may be mailed to you, already filestamped.
OR
B. How to file if you CAN afford the filing fee:
Bring the original and all the copies of your forms to the Clerk’s Office at 170 Park Center Plaza, San Jose, CA 95113. The clerk will file-stamp your papers. The clerk will keep the original for the Court file. The clerk will give you back your file-stamped copies.
You must know the court’s local rules. They are available on the court’s website: www.sccsuperiorcourt.org
2/12/2009