How to Fill Out and File Form FL-395: Fees, Copies, and Updates

California Form FL-395 is a one-page ex parte application that restores your birth name or a former name after the court has already entered a final judgment of dissolution or nullity.¹ If you didn’t ask for the name change during your divorce or annulment, this form lets you go back to the same court and get it done without a hearing.

Who Can File FL-395

You can file this application if a California court entered a judgment of dissolution or nullity in your case and that judgment did not restore your former name. The right comes from California Family Code Section 2080, which requires the court to restore a birth name or former name when a party asks for it in a dissolution or nullity proceeding, whether or not the original petition included that request.² FL-395 extends that right to people who missed the window during the case itself.

Dissolved domestic partnerships are covered, because California gives registered domestic partners the same dissolution procedures as married couples.³

Legal separations are not covered. The statute excludes them, and the clerk will reject an FL-395 filed in a separation case.² If you were legally separated rather than divorced, you need a general name change petition instead.

Filling Out the Form

Download FL-395 from the California Courts website.⁴ Before you start, pull out your original judgment paperwork. You need the case number and the exact date the judgment was entered.

The top of the form is a standard court header. Fill in your name and address, your phone number, the name of the superior court and county that handled your original case, and the court’s street and mailing addresses. Enter the petitioner and respondent names exactly as they appeared in the original case, along with the case number.

The body has only two items:

Item 1: the date your judgment of dissolution or nullity was entered. Copy it exactly from your judgment. A mismatch with court records can get the filing kicked back.
Item 2: the former name you want restored. Spell it precisely the way you want it to appear on the order. Every agency you deal with afterward will match their records to this spelling.

Sign and date the application section using your current legal name, and print your name below the signature. Leave the rest of the page blank. The order section is for the judge, and the certificate section is for the clerk.

Where to File and What It Costs

Take the completed form to the clerk’s office at the courthouse that decided your original dissolution or nullity case. Because this is an ex parte application, the court reviews it without a hearing. The clerk routes it to a judicial officer, who signs the order section if everything is in order.¹ Some courts turn these around the same day; busier courts take a few business days.

California Government Code Section 70677 sets a $60 uniform fee for motions and applications filed after the first paper in a case. Whether your court charges that fee for FL-395 can vary, so call the clerk’s office or check the fee schedule before you go. If you can’t afford the fee, file Form FW-001 (Request to Waive Court Fees) with your application. Fee waivers are available if you receive public benefits, have low income, or lack enough income to cover basic needs and court costs.⁵

Getting Certified Copies of the Order

Once the judge signs the order, the clerk enters it into the court’s permanent record and can prepare certified copies. You need certified copies, stamped with the court’s official seal, to update your identification and records with government agencies and financial institutions.⁶

Certification fees are set by statute. Certifying a court document costs $40, and if the clerk has to prepare the copy itself, that’s another $0.50 per page. For a one-page form like FL-395, expect around $40.50 per certified copy. Get at least two or three. You can then update several agencies at the same time instead of waiting for each one to return your document.

Updating Your Records in the Right Order

The order matters here, because downstream agencies cross-check against each other.

Social Security First

Update your Social Security record before anything else. The DMV and the IRS both verify names against SSA data, so starting elsewhere creates mismatches. File Form SS-5 at your local SSA office or by mail. There is no fee.⁷

You will need:

Proof of the name change: your certified court order. SSA requires originals or copies certified by the issuing agency. Photocopies and notarized copies are not accepted.⁸
Proof of identity: a current U.S. driver’s license, state ID, or U.S. passport. If none are available, SSA accepts alternatives like a photo employee ID or school ID.⁸
Proof of citizenship, only if you haven’t previously established it with SSA. A U.S. passport or birth certificate works.

If your name change happened more than two years ago, SSA may also ask for an identity document in your prior name. An expired ID is acceptable for that.⁸ The new card typically arrives within 7 to 14 days.⁷

Driver’s License or State ID

After SSA has processed the change, update your license or ID. The DMV verifies your name against SSA records at the time you apply, and if they don’t match, your application will be denied and you will get a letter explaining the mismatch.⁹ Wait until you’ve confirmed SSA has your new name before visiting a field office.

Complete a new DL/ID application through the DMV’s online tool, then bring your current license or ID, your certified court order, and the identity and residency documents required for the type of card you want. If you’ve had earlier legal name changes, the DMV may ask for documentation of each one, such as marriage certificates or prior court orders showing the full chain.⁹

Passport

If your current U.S. passport was issued less than a year ago and your name change also happened within that year, use Form DS-5504 to get a corrected passport by mail at no charge. Send the form with your current passport, a certified copy of the court order, and a new passport photo. Expedited processing is available for $60.¹⁰ If your passport is older than a year, renew using Form DS-82 by mail or Form DS-11 in person, and include the certified order as your name change document.

Bank Accounts and Taxes

Bring your certified order and updated government ID to your bank branch. Most banks also accept the new Social Security card as supporting documentation, and many have their own internal form, so call ahead.

There is no separate IRS form. The IRS matches your tax return against SSA records, so once SSA has processed the change, the IRS picks it up automatically. Just make sure the SSA update is complete before you file your next return, or your refund can be delayed by the mismatch.

Mistakes That Cause Rejection

The most common problem is a mismatch between what you put on FL-395 and what the court has on file. A wrong case number, a wrong judgment date, or a name spelling that doesn’t match your pre-marriage records will send you back to fix it. Check everything against your original judgment before filing.

Filing at the wrong courthouse is the next most common issue. The application has to go to the same court that handled your dissolution or nullity. If that court has moved or merged since your case closed, call the clerk to confirm where to file now.

And again, FL-395 does not work for legal separations. The form and the statute behind it cover only dissolutions and nullities. A separation case needs a standard name change petition filed as its own proceeding.

1
California Courts. Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order
2
California Legislative Information. California Code FAM – Restoration of Spouse’s Former Name
3
Social Security Administration. POMS PR 02707.006 – California
4
Judicial Council of California. California Form FL-395 – Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order
5
California Courts. Request to Waive Court Fees
6
California Courts. How to Get a Copy of a Court Record
7
Social Security Administration. Application for Social Security Card
8
Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card
9
California DMV. Update Information on Your Driver’s License or ID Card
10
U.S. Department of State. Change or Correct a Passport