Bill Text: CA SB1150 | 2023-2024 | Regular Session | Amended

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Bill Title: Dissolution or nullity of marriage: restoration of former name or birth name.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-13 - Ordered to third reading. [SB1150 Detail]

Download: California-2023-SB1150-Amended.html

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Amended  IN  Assembly  June 12, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1150

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Introduced by Senator Laird

February 14, 2024

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An act to amend Sections 2080, 2081, and 2082 of, and to amend the heading of Chapter 7 (commencing with Section 2080) of Part 1 of Division 6 of, the Family Code, relating to marriage.

LEGISLATIVE COUNSEL'S DIGEST

SB 1150, as amended, Laird. Dissolution or nullity of marriage: restoration of former name or birth name.

Existing law, with respect to a proceeding for dissolution of marriage or for nullity of marriage, requires the court, upon the request of a party, to 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.

This bill would clarify that those provisions apply to either partner, spouse, and would make technical and nonsubstantive changes to various provisions relating to requests for restoration of a former name or birth name under those circumstances.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The heading of Chapter 7 (commencing with Section 2080) of Part 1 of Division 6 of the Family Code is amended to read:

CHAPTER  7. Restoration of Partner’s Spouse’s Former Name

SEC. 2.

 Section 2080 of the Family Code is amended to read:

2080.

 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, shall 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.

SEC. 3.

 Section 2081 of the Family Code is amended to read:

2081.

 The restoration of a former name or birth name requested under Section 2080 shall not 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.

SEC. 4.

 Section 2082 of the Family Code is amended to read:

2082.

 This code does not abrogate the common law right of any person to change one’s name.