19-5-16. Restoration of maiden or prior name.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
In all divorce actions, a party may pray in his or her pleadings for the restoration of a maiden or prior name. When a divorce is granted, the judgment or decree shall specify and restore to the party the name so prayed for in the pleadings.#
(b)
1. (1)
  After entry of a judgment and decree of divorce, a former spouse may petition the court by motion ex parte to restore his or her legal surname to the given surname as shown on his or her birth certificate.#
2. (2)
  Notwithstanding any other provision of law or order of court requiring a request to be filed or made prior to the entry of judgment and decree of divorce or within the term of court of such entry of such judgment and decree, and notwithstanding that the requested restoration was not previously specified in the movant’s pleadings in the original divorce action, the motion provided for in paragraph (1) of this subsection may be filed at any time after the judgment and decree of divorce was entered. No publication in any legal organ shall be required. The court with or without a hearing may issue an order restoring the given surname shown on the movant’s birth certificate in chambers at any time after the filing of a motion.#
3. (3)
  This subsection shall apply to motions filed on or after May 1, 2024.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1880-81, p. 121, § 1; Code 1882, § 3586a; Civil Code 1895, § 2446; Civil Code 1910, § 2965; Code 1933, § 30-121; Ga. L. 2024, p. 114, § 1/HB 896, effective April 22, 2024.

Amendments

The 2024 amendment, effective April 22, 2024, designated the existing provisions of this Code section as subsection (a) and added subsection (b); and, in subsection (a), inserted “or her” following “his” in the first sentence, and substituted “When” for “If” at the beginning of the second sentence.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-pdf.pdf, Volume V16, 2022 edition, 2025 supplement, pages 12 to 13; merge action: replaced; file SHA-256 3b0e2669853a.

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