How to Get Back Your Maiden Name After a Divorce

August 2007

If your marriage has been dissolved in Connecticut, you may ask the court to have your birth name or a prior married name restored to you. (This name change is allowable under Connecticut General Statutes § 46b-63).

This booklet will show you how to do this yourself. You ask or petition the same court in which your marriage was dissolved. You will be asking the court to reopen and modify your divorce decree to include the restoration of your former name.

Before you begin...read this entire booklet. Then follow the 8 steps below.

Step 1
Gather your papers. Get at a copy of your divorce judgment or decree. If you do not have a copy, get one from the clerk's office at the courthouse where you were divorced.

You also need to get the following blank forms from the court clerk or from the State of Connecticut Judicial website:

an appearance form (Form #JD-CL-12) and
a motion for modification form (Form # JD-FM-174).

Step 2
Fill in the appearance form and file it at the court clerk's office. This form tells the court that you are representing yourself. Filing it allows the court to contact you about all activity in your case. See the sample to help you understand what information you should fill in. Ask the court clerk how to fill out the Certification section.

Step 3

Fill in the motion for modification. (See the sample below). From the divorce judgment, you will be able to learn the following information:

the docket number of your divorce (in the upper left corner);
the Judicial District (right of the heading)
whether your were the plaintiff (top name) or the defendant;
the date of your divorce hearing (right side of heading).

Do not fill out the "Order" section on the back of the form; the court will do it. You may need to fill out the "certification" section, see STEP 5.

Step 4
Make copies of your motion. (You'll need up to four copies). Two copies are needed for the court; one copy if your ex-husband had an attorney representing him in the divorce; and a copy is needed for your records.

Step 5
Get a copy of the motion for modification to your ex-husband or his attorney. Follow the instructions that apply to your situation:

If your ex-husband was represented by an attorney who has not withdrawn, mail your motion for modification to that attorney. Sign the "certification" section on the back side of your original motion for modification indicating that you have mailed it to the that attorney.

If your ex-husband represented himself OR his attorney has withdrawn, then you must have the papers served on (given to) your ex-husband by a marshal (formerly called a sheriff). The court clerk can give you a list of marshals. The marshal's fee for service is about $40 to $60. You can ask the judge to waive this fee if you cannot afford to pay it. (See the Legal Aid pamphlet, A Guide to Fee Waivers). The marshal serving the papers will do a "Return of Service" showing when and how the papers were served.

Step 6
Send or bring the following forms to the court clerk:

your original appearance form,
motion for modification form, and
return of service (if applicable) to the court clerk.

Step 7
Receive notice of your court date and mark your case "ready". You should receive a "calendar" from the court in a week or two. A "calendar" is a list of court cases scheduled for a specific date and time. This calendar will tell you what day you must go to court to have your motion heard. Please read the instructions in the top left hand corner of the calendar to mark your case "ready". Your case will not be called to be heard unless it is marked ready.

Step 8
Attend the court hearing. Be in court on the day and time set for the hearing. It is a good idea to arrive about 15 minutes early. If you are late, you may lose your chance to have the judge hear your motion.

Ask the court clerk about the way the court starts the day (called "opening" the court). Courts operate differently--some courts open with a "calendar call" (where the names of the cases are read out loud in the courtroom) while other courts do not call the cases.

If the court has a "calendar call": When your case is called, say "Ready." The judge will come back to your case again after calling the other cases. You will then present your request.

If the court does not have a "calendar call": Find your name and room assignment on the list which is posted in the lobby. Then go to that room and follow the judge's instructions.

Samples:

Appearance (JD-CL-12)
Motion for Modification (JD-FM-174)

For more information: Call Statewide Legal Services at 1-800-453-3320 or 860-344-0380.

This document was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this document is based on the laws in CT as of August 2007. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.