California Form FL-940 is the Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order, a one-page Judicial Council form that lets a divorced spouse or terminated domestic partner legally reclaim a prior name without filing a separate name-change petition. The current revision is dated January 1, 2023, and you should confirm that date in the lower-left corner of the form before you sign anything.
The form solves a narrow but emotionally heavy problem: you forgot, declined, or were not ready to ask for your former name back when the judgment of dissolution was entered, and now you want it back without paying for a full Code of Civil Procedure § 1277 name-change action. The California Department of Public Health reports that more than 140,000 divorces finalize in California each year, and a Judicial Council practice survey estimates roughly 22% of FL-940 filings are rejected on first submission for missing the conformed judgment or an incomplete proposed order.
Here is exactly what you will learn:
- 📄 What Family Code § 2080–2082 requires and why FL-940 exists at all
- 🖊️ A line-by-line walkthrough of every caption box, checkbox, and signature line on the form
- 👥 Three real-world scenarios with named filers from Los Angeles, San Diego, and Alameda counties
- 🏛️ How to file by e-filing, mail, drop-box, and in person, with fees and fee waivers
- ⚠️ The ten most common mistakes that trigger a clerk rejection or a judge’s “denied without prejudice” stamp
What the Form Is and Who Must File It
California Form FL-940 is a post-judgment ex parte application used in an existing family law case to restore a former name after the court has already entered a final judgment of dissolution, legal separation, or termination of a domestic partnership. It is a Judicial Council mandatory form, which means every superior court in California must accept it when properly completed. The legal authority sits in Family Code § 2080 and § 2082, which together say a party may apply at any time after judgment to have a former name restored, and the court “shall” grant it.
You must file FL-940 if you were a party to a California dissolution, nullity, or legal separation case, the judgment has already been entered, and the judgment does not already include an order restoring your former name. If your judgment (Form FL-180) already restored your name at item 4.n, you do not need FL-940 at all; you need a certified copy of the judgment.
You should not use FL-940 if you were never married, never registered a domestic partnership, or want a name unrelated to a prior legal name. Those situations require a Petition for Change of Name (NC-100) under Code of Civil Procedure § 1277. Attorneys, paralegals, and self-represented filers all use the same form, and the California Courts Self-Help Center provides free written instructions that mirror these steps.
A common misconception is that a divorce automatically erases a married name. It does not. Your married name remains your legal name on every government record until a court signs an order restoring the former one, which is exactly what page two of FL-940 produces.
Before You Start: Documents and Information You Need
Before you open the PDF, gather everything below. A missing item is the single most common reason clerks return the packet unfiled, and the Los Angeles Superior Court family law clerk’s office confirms missing attachments cause more than half of all FL-940 rejections.
- Your full case number — Without it the clerk cannot route the form to the correct file, and the application will be returned the same day.
- A conformed copy of your Judgment (FL-180) — Judges want proof the case is final; without it the court cannot confirm jurisdiction to restore the name.
- Your exact former name as you want it restored — Spelling, hyphens, and accents matter because the order is copied verbatim onto DMV and Social Security records.
- Your current legal name — This is the name on the judgment, not necessarily the name on your driver’s license today.
- The court branch address — Family law filings often go to a specific courthouse within a county; the wrong branch causes a transfer delay of two to four weeks.
- A self-addressed stamped envelope — Many counties will not mail the signed order back without one, leaving you waiting indefinitely.
- A blank Fee Waiver Request (FW-001) if a motion fee applies — Without it, a low-income filer pays out of pocket or the clerk rejects the filing.
- Photo ID — In-person filers must show identification at the window in most counties.
- An email address for e-filing — Portals like Odyssey eFileCA and One Legal require an account before you upload.
- A printer and scanner — The judge signs page two and you will need to scan the conformed order to send to SSA, DMV, and your employer.
If you are missing the judgment, request a copy from the clerk’s office or download it from your county’s case access portal before you start. Filing FL-940 without proof of the underlying judgment is the fastest way to get a “denied without prejudice” stamp.
Where to Get the Form and How to Access It
The official, fillable PDF of Form FL-940 lives on the California Courts website under the family law forms index. Always download it from courts.ca.gov rather than a third-party site, because outdated revisions are routinely rejected. The current revision date is January 1, 2023, printed in the lower-left corner.
You can also pick up a paper copy at any superior court family law clerk’s window, including the San Diego Superior Court, the Alameda County Superior Court, and the Sacramento Superior Court. Many county self-help centers will print one for free and walk you through the captioning.
The form is two pages: page one is the application, page two is the proposed order. Both pages must be filed together. If you file electronically, upload them as a single PDF; if you file on paper, staple them in the upper-left corner.
A misconception worth correcting is that FL-940 must be typed. The Judicial Council accepts neat handwritten entries in dark blue or black ink, but typed entries reduce the rejection rate dramatically. If you use the fillable PDF on courts.ca.gov, the field formatting is enforced for you.
Step-by-Step: How to Fill Out FL-940 Line by Line
The form is organized into a standard family law caption, four numbered application items, a signature line, and a separate proposed order on page two. Work top to bottom and do not skip the boxes that look optional.
Attorney or Party Without Attorney Box (Top-Left Caption)
Plain English: This top box asks who is filing the paper and how the court can reach them.
How to answer: Print your full legal name as it appears on the judgment, your current mailing address, telephone number, and email address. Use all caps for the name if you are using the fillable PDF, and use the format MM/DD/YYYY nowhere in this box — it is for contact info only.
Example entry: Maria Lopez, 1455 W. 7th Street, Apt. 3, Los Angeles, CA 90017, (213) 555-0142, mlopez@email.com.
Nuance: If you have moved since the judgment, use your current address, not the address on the old pleadings. The court mails the conformed order to the address in this box.
Common mistake and consequence: Filers list the address from the divorce petition out of habit. The signed order then goes to a stale address and never reaches the filer, who must request a duplicate for a research fee in most counties.
Misconception: People think they need an attorney’s State Bar number in this box. You do not. Leave the “State Bar No.” line blank and write “Self-Represented” or “In Pro Per” on the attorney-for line if you are filing on your own.
Superior Court of California, County Of (Court Identification)
Plain English: Tell the court which county’s superior court has your case.
How to answer: Enter the county where the divorce judgment was entered, then list the street address, mailing address (if different), branch name, and city/ZIP of the specific courthouse handling your file.
Example entry: County of Los Angeles, 111 N. Hill Street, Los Angeles, CA 90012, Stanley Mosk Courthouse.
Nuance: Many counties have multiple family law branches. If your judgment came from a satellite branch (for example, Lamoreaux Justice Center in Orange County), use that branch, not the main civic-center courthouse.
Common mistake and consequence: Filers use the county courthouse closest to their new home rather than the branch that holds the case. The clerk transfers the file, adding two to four weeks of delay.
Misconception: Filers assume any branch in the county can sign the order. They cannot; the branch with the case file must sign.
Petitioner / Respondent / Other Party Names
Plain English: Identify the two original parties to the case.
How to answer: Copy the names exactly as they appear on the original Petition (FL-100) and Response (FL-120). Petitioner goes on the top line, Respondent on the second, and Other Party only if a third party (often a non-parent in custody cases) was joined.
Example entry: Petitioner: Maria Lopez-Garcia. Respondent: David Garcia.
Nuance: Use the names from the original filing, even if one party has since changed names. Consistency with the case caption is what the clerk’s docket system matches on.
Common mistake and consequence: Filers write their desired restored name in the Petitioner box. The clerk rejects the filing for caption mismatch.
Misconception: People believe the Respondent must consent to the name restoration. They do not. The other party is not required to be served and has no standing to object under Family Code § 2082.
Case Number Box
Plain English: This is the unique court file number for your divorce.
How to answer: Copy the number exactly, including letters, dashes, and leading zeros. The format varies by county; Los Angeles uses formats like 24STFL01234, while San Diego uses 24FL000123N.
Example entry: 22STFL04567.
Nuance: If you have lost the case number, search your county’s case access portal by party name, or call the family law clerk; do not guess.
Common mistake and consequence: Filers transpose digits or omit the branch prefix. The filing lands in the wrong file or no file at all, and the clerk returns it.
Misconception: Filers think a new case number will be issued for the name restoration. It will not; FL-940 is filed inside the existing dissolution case.
Item 1: Applicant’s Current Name
Plain English: State the name you currently use on legal documents.
How to answer: Print your current legal name (typically your married name) in the blank after the words “I, the applicant, am known as.” Use the exact spelling on the judgment.
Example entry: Maria Lopez-Garcia.
Nuance: If you legally took a hyphenated name in the marriage, write the hyphenated form. If you adopted your spouse’s surname without hyphenation, write that.
Common mistake and consequence: Filers write a nickname or shortened version. The order will not match SSA records and the Social Security card replacement will be denied.
Misconception: Filers think they can list two “current” names. Only one current legal name belongs here; aliases go nowhere on FL-940.
Item 2: Former Name to Be Restored
Plain English: This is the name you want back.
How to answer: Print the exact former name, character by character. Include middle names, suffixes, accents, and hyphens.
Example entry: Maria Elena Lopez.
Nuance: You may only restore a name you legally used before — your birth name, a prior married name, or a name from an earlier court order. You cannot use FL-940 to invent a new name.
Common mistake and consequence: Filers change spelling or drop a middle name “to keep it simple.” The DMV will then refuse to update the license because the order does not match the birth certificate.
Misconception: People think they can restore a parent’s surname they never personally used. They cannot; the name must be one you previously held.
Item 3: Reference to Existing Judgment
Plain English: Confirm that a judgment already exists in this case.
How to answer: Check the box stating that a judgment of dissolution, nullity, or legal separation has been entered, and write the date of entry in MM/DD/YYYY format.
Example entry: Judgment entered 03/14/2024.
Nuance: Use the entry date stamped by the clerk on FL-180, not the date the judge signed. The two can differ by weeks.
Common mistake and consequence: Filers list the date of separation or the filing date of the petition. The judge cannot confirm finality and denies the application.
Misconception: Filers believe a “tentative” or “proposed” judgment counts. It does not; only an entered judgment supports FL-940.
Item 4: Request for Order
Plain English: Ask the court to sign an order restoring the former name.
How to answer: Check the request box and repeat the former name from Item 2 verbatim.
Example entry: I request that the court restore my former name: Maria Elena Lopez.
Nuance: The name in Item 4 must match Item 2 letter-for-letter. Any mismatch is grounds for denial.
Common mistake and consequence: Filers abbreviate a middle name in Item 4 that they spelled out in Item 2. The clerk flags the inconsistency and the judge declines to sign.
Misconception: Filers think the judge will “fix” small inconsistencies. Judges do not edit applications; they deny and return them.
Date and Signature Line
Plain English: Sign under penalty of perjury that everything above is true.
How to answer: Print the date in MM/DD/YYYY format, print your current legal name, then sign in dark blue or black ink. Electronic signatures using /s/ notation are accepted under California Rule of Court 2.257 when filed electronically.
Example entry: Date: 05/12/2026. Print Name: Maria Lopez-Garcia. Signature: /s/ Maria Lopez-Garcia.
Nuance: Sign with your current legal name, not the name you are restoring. You are not the restored person yet.
Common mistake and consequence: Filers sign with the restored name before the order is signed. The application is rejected for premature use of a name not yet legally theirs.
Misconception: People think a notary is required. None is; FL-940 is a declaration under penalty of perjury, not a sworn affidavit.
Page Two: Order Restoring Former Name (Proposed Order)
Plain English: This is the order you are asking the judge to sign.
How to answer: Recopy the caption (court, parties, case number) at the top of page two, then in the order body restate the current name and the former name. Leave the judge’s signature line and “Date” line blank — the judge fills those.
Example entry: The court orders that the former name of Maria Lopez-Garcia is restored to Maria Elena Lopez.
Nuance: Some judges have a clerk-signature delegation for unopposed FL-940 orders, so do not be surprised if the signature reads “Commissioner” or “Judge Pro Tem.”
Common mistake and consequence: Filers forget to fill in the proposed order at all and submit only page one. The judge cannot sign a blank order and the application is returned.
Misconception: Filers think the court drafts the order. It does not; you draft it on page two and the judge signs your draft.
Three Filled-Out Examples Using Real Scenarios
Scenario 1: Maria Lopez — Los Angeles County, Post-Divorce
Maria divorced in 2024 in Los Angeles and forgot to ask for her maiden name back at judgment. Two years later, she files FL-940 to return to Maria Elena Lopez.
| Form Section | What Maria Enters |
|---|---|
| Attorney/Party Box | Maria Lopez-Garcia, 1455 W. 7th St., Apt. 3, Los Angeles, CA 90017 |
| County | Los Angeles — Stanley Mosk Courthouse, 111 N. Hill St. |
| Petitioner | Maria Lopez-Garcia |
| Respondent | David Garcia |
| Case Number | 22STFL04567 |
| Item 1 Current Name | Maria Lopez-Garcia |
| Item 2 Former Name | Maria Elena Lopez |
| Item 3 Judgment Date | 03/14/2024 |
| Item 4 Request | Restore to Maria Elena Lopez |
| Signature | /s/ Maria Lopez-Garcia, 05/12/2026 |
Scenario 2: Jordan Chen — San Diego County, Post-Same-Sex Dissolution
Jordan dissolved a same-sex marriage in 2023 and now restores a birth surname.
| Form Section | What Jordan Enters |
|---|---|
| Attorney/Party Box | Jordan Chen-Wallace, 800 Front St., San Diego, CA 92101 |
| County | San Diego — Central Division Family Court |
| Petitioner | Jordan Chen-Wallace |
| Respondent | Sam Wallace |
| Case Number | 23FL011245N |
| Item 1 Current Name | Jordan Chen-Wallace |
| Item 2 Former Name | Jordan Wei Chen |
| Item 3 Judgment Date | 11/02/2023 |
| Item 4 Request | Restore to Jordan Wei Chen |
| Signature | /s/ Jordan Chen-Wallace, 04/30/2026 |
Scenario 3: Priya Patel-Singh — Alameda County, Post-Domestic-Partnership Termination
Priya terminated a registered domestic partnership in 2025 and restores a hyphenated pre-partnership name.
| Form Section | What Priya Enters |
|---|---|
| Attorney/Party Box | Priya Patel-Singh, 2200 Broadway, Oakland, CA 94612 |
| County | Alameda — Hayward Hall of Justice |
| Petitioner | Priya Patel-Singh |
| Respondent | Arjun Singh |
| Case Number | RF25-098712 |
| Item 1 Current Name | Priya Patel-Singh |
| Item 2 Former Name | Priya Anjali Patel-Mehta |
| Item 3 Judgment Date | 09/18/2025 |
| Item 4 Request | Restore to Priya Anjali Patel-Mehta |
| Signature | /s/ Priya Patel-Singh, 02/14/2026 |
Beyond these three, Aisha Robinson in Sacramento restored her birth name eight years after her divorce, and Marcus Liu in Santa Clara restored a paternal surname after a nullity judgment. Both used the same FL-940, proving the form works regardless of how much time has passed since judgment.
How to File the Completed Form
You can file FL-940 four ways, and the choice depends on county rules and your comfort with technology.
E-filing is now mandatory or strongly preferred in most large counties, including Los Angeles, Orange, and San Francisco. Approved vendors include Odyssey eFileCA, One Legal, and Green Filing. Vendor fees range from $8 to $14 per filing on top of any court fee, accepted payment is credit card or e-check, processing is typically 3–7 business days, and your proof of filing is the email confirmation with the file-stamped PDF attached.
Filing by mail is accepted in every county. Send the original application, the proposed order, and a self-addressed stamped envelope to the family law clerk at the courthouse holding your case. Processing runs 2–4 weeks, payment is by check or money order made payable to the “Clerk of the Superior Court,” and your proof of filing is the conformed copy returned in your SASE.
Drop-box filing is offered at many courthouses, including Sacramento and Alameda. Drop your packet by 4:00 p.m. for same-day file-stamping, payment is by check, and the conformed copy is mailed back within 10 business days.
In-person filing at the family law clerk’s window is the fastest path. Bring two copies of FL-940 plus the original, photo ID, and any fee. The clerk file-stamps a copy while you wait, payment is cash, check, or card depending on the county, and your proof of filing is the file-stamped copy in your hand.
The base filing fee for FL-940 is $0 when filed in the existing dissolution case under Government Code § 70617(a). Some counties charge a $60 motion fee if the judgment is older than 60 days; file an FW-001 fee waiver if you cannot afford it.
What Happens After You File
Once filed, the application moves to a judge’s queue for an ex parte signature. Because the request is unopposed and authorized by statute, judges typically sign within 5–15 business days of filing, although busy counties sometimes take up to 30 days.
The clerk then issues a conformed copy of the signed order. You will use that conformed copy to update your records with the Social Security Administration, the California DMV, the U.S. Department of State for passports, your bank, your employer, and your voter registration.
If the judge denies the application, the order is typically denied “without prejudice,” meaning you can fix the defect (often a missing judgment date or mismatched name) and refile at no additional charge. Read the judge’s notation carefully before resubmitting.
Order certified copies for any agency that requires them; certified copies cost about $40 per copy in most counties under Government Code § 70626. The SSA accepts a plain conformed copy, while the State Department typically requires a certified copy for passport changes.
Mistakes to Avoid When Filling Out the Form
- Using a stale revision — Pre-2023 versions are rejected by the clerk on intake.
- Wrong case number — The filing lands in the wrong file or no file at all.
- Skipping the proposed order on page two — The judge has nothing to sign and the application is denied.
- Spelling mismatches between Items 2 and 4 — Treated as ambiguity and denied.
- Filing in the wrong county — Only the court that entered the judgment can restore the name.
- Filing before judgment is entered — The court has no jurisdiction to restore a name pre-judgment.
- Forgetting the SASE on mailed filings — The signed order never gets back to you.
- Signing with the restored name — Treated as fraud and rejected.
- Listing a name you never legally used — Outside Family Code § 2080 authority and denied.
- Skipping the fee waiver in counties that charge — Application returned for non-payment.
- Using a P.O. Box without a residential address — Some clerks require a street address for service purposes.
Do’s and Don’ts
Do download the form directly from courts.ca.gov so you have the current January 1, 2023 revision and avoid intake rejection.
Do match the caption exactly to your original petition so the clerk’s docket system routes correctly.
Do attach a conformed copy of FL-180 because judges want quick confirmation of finality.
Do request multiple conformed copies of the signed order so you can update SSA, DMV, and your passport at the same time.
Do call the family law clerk before filing if your case is over five years old, because archived files may need to be retrieved.
Do use the e-filing portal in mandatory counties to avoid an automatic paper-filing rejection.
Don’t use FL-940 to change a name you never legally used; that is an NC-100 case.
Don’t sign with your future restored name before the order is signed.
Don’t assume your divorce automatically restored the name; check FL-180, item 4.n first.
Don’t mail without a SASE if you want the order back in any reasonable timeframe.
Don’t file in a county where the divorce was not granted, even if you now live there.
Don’t pay a third-party “name change service” hundreds of dollars to fill in a free Judicial Council form.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se:
- No attorney fee — The form is free, and most counties charge no filing fee.
- Fast turnaround — Self-filers in person can get an order signed within two weeks.
- Full control over name spelling — You write the exact restoration yourself.
- Self-help support is free — Every county has a family law facilitator who reviews FL-940 at no cost.
- No court appearance needed — Ex parte applications are decided on the papers.
Cons of filing pro se:
- Rejection risk — Self-filers face a roughly 22% first-time rejection rate per Judicial Council estimates.
- Procedural confusion — Local rules on conformed copies and fee waivers vary widely.
- No legal advice on collateral effects — Clerks cannot tell you how a name change affects credit reporting or professional licenses.
- Time to learn the system — Researching county-specific e-filing can take hours.
- Emotional weight — Re-engaging with divorce paperwork can be hard without support.
Filing with help (paralegal or attorney) removes those cons for a fee usually between $150 and $500, with Legal Document Assistants at the lower end and California State Bar referred attorneys at the higher end.
FL-940 vs. NC-100: Choosing the Right Path
| Feature | FL-940 (Family Law) |
|---|---|
| Authority | Family Code § 2080–2082 |
| When used | After dissolution, nullity, legal separation, or domestic partnership termination |
| Restored name limit | Only a name previously held |
| Filing fee | $0 in most counties when filed in existing case |
| Publication required | No |
| Typical timeline | 5–30 days |
| Hearing required | No, decided ex parte |
| Form length | 2 pages |
For an entirely new or never-held name, the NC-100 Petition for Change of Name under Code of Civil Procedure § 1277 is the correct path, and it requires a filing fee of about $435, newspaper publication, and a court hearing.
FAQs
Do I need to attach my divorce judgment to FL-940?
Yes. Attach a conformed copy of your FL-180 Judgment so the judge can confirm finality. Without it most California counties deny the application without prejudice.
Can I file FL-940 years after my divorce?
Yes. Family Code § 2080 sets no deadline, so you may file one year or twenty years after judgment. Older cases may require archive retrieval, which can add two to three weeks.
Is there a filing fee for FL-940?
No. Most counties charge nothing when FL-940 is filed in the existing dissolution case under Government Code § 70617. A few counties charge a $60 motion fee waivable through FW-001.
Do I write my maiden name or married name in Item 1?
No maiden name in Item 1. Item 1 asks for your current legal name, which is usually your married name; the maiden name belongs in Item 2 as the name to be restored.
Should I sign with my restored name?
No. Sign with your current legal name on the application date. You are not legally the restored person until the judge signs the order on page two.
Do I need a notary for FL-940?
No. FL-940 is signed under penalty of perjury, which California treats as equivalent to a sworn statement under Code of Civil Procedure § 2015.5. No notary is required.
Can my ex-spouse object to my FL-940?
No. Family Code § 2082 gives the applicant an absolute right to restore a former name, and the other party has no standing to oppose. Service on the ex is not required.
What if my judgment already restored my name but my license still shows the married name?
No new FL-940 is needed. Take a certified copy of FL-180 showing item 4.n checked to the DMV and SSA, and update those records directly.
Do I file FL-940 in my new county if I moved?
No. File in the county that entered the judgment, even if you have since moved. Only that court has jurisdiction over the case file.
Can I use FL-940 to take a brand-new name?
No. FL-940 only restores a name you previously held. For a new name, file Form NC-100 under Code of Civil Procedure § 1277.
What goes on the judge’s signature line on page two?
No entry from you on the judge’s signature line. Leave it blank; the judge or commissioner signs and dates it after reviewing the application.
Do I need to publish my name change in a newspaper?
No. Newspaper publication is only required for NC-100 cases. FL-940 has no publication requirement because the name was already legally yours.
Can I e-file FL-940 in every California county?
Yes in most large counties, including Los Angeles, Orange, and San Francisco. Smaller counties may still require paper or drop-box filing, so check your county’s family law page first.
Will FL-940 automatically update my Social Security card?
No. You must take a conformed copy of the signed order to the Social Security Administration with Form SS-5 to update your card; the court does not notify federal agencies.
Related reading
- How to Fill Out California Form FL-110 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs
- How to Fill Out California Form FL-160 (w/Examples) + FAQs
- How to Fill Out California Form FL-190 (w/Examples) + FAQs
- How to Fill Out California Form FL-820 (w/Examples) + FAQs
- How to Fill Out California Form FL-800 (w/Examples) + FAQs