Legal Question in Family Law in California
In 2003 I got a divorce from my first husband of 32 years. In 2006 I remarried and took my husbands last name at his request. In 2009 he pasted away. I was only married two and a half years. I would like to change my last back to my first married name. This way I will have the same last name as all of my children. Could you please tell if this is possible, how much it would cost and how it might effect my survivor benefits that I recieve from my second husband. I am 60 years old and this is my only income at the present time.
2 Answers from Attorneys
You would need to file a petition for a name change. It would not affect your survivor benefits, provided you give the proper notice when you change your name. The filing fee to file a petition for a name change with the Superior Court is $355. There are other fees for publication, and posting. You would have to speak with individual attorneys, which could probably do it for you on a flat rate, but their rates vary.
It is fairly easy to do a name-change yourself. There is a Judicial Council form for it. You file it, you publish it (most newspapers have a department for legal notices that know how to help you with that part), you file the proof of publication with the court, and get a hearing date. That's about it.
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