Restoration of a Spouse’s Former Name

Division 6, Part 1, Chapter 7 deals with the restoration of a spouse’s former name in nullity, dissolution, and legal separation proceedings.

Section 2080 provides that, 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, must restore the birth name or former name of that party, regardless of whether a request for restoration of the name was included in the petition.

Section 2081 states that the restoration of a former name or birth name is not to be denied on the basis that the party has custody of a minor child who bears a different name, or for any other reason except fraud.

Section 2082 specifies that the Family Code does not abrogate the common law right of any person to change one’s name.