Uncontested Divorce in California: Questions Answered
Answers to questions people ask about an uncontested California divorce, from the Family Code and the Judicial Council, written by attorney Rozsa Gyene.
Can I go back to my former name after a California divorce, and how?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
Yes. Family Code section 2080 requires the court to restore a birth or former name on request, in the judgment or later on form FL-395, and section 2081 allows refusal only for fraud.
If my ex-spouse is assigned our joint credit card in the divorce, can the creditor still come after me?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
Yes. The card company is not bound by your divorce, and Family Code section 916 keeps you liable for a debt you incurred; section 916(b) gives a right of reimbursement in defined cases.
We got back together. How do we stop our divorce?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
The spouse who filed asks the court to dismiss the case on form CIV-110; if the other spouse filed a response, both sign, and after a judgment is entered neither can dismiss alone.
What happens to my health insurance when the divorce is final?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
During the case the summons bars cancelling a spouse's coverage; federal COBRA and Cal-COBRA list divorce as a qualifying event, and the employee or spouse has 60 days to notify a COBRA plan.
What happens if we find an asset we forgot to divide after the divorce?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
The court keeps power to divide a community asset or debt the judgment missed, and divides it equally unless good cause is shown (Family Code section 2556).
Who pays student loans in a California divorce?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
A student loan taken out during the marriage for one spouse's education is assigned to that spouse, not split, and the statute directs reimbursement of community payments (Family Code 2641).
We moved to California from another state. Is what we bought there community property?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
In effect, yes: property acquired during the marriage while living elsewhere is quasi-community property under Family Code section 125, divided like community property.
Is my divorce public record, and can I keep our financial details out of it?
By Rozsa Gyene, attorney at law. Published October 19, 2026.
Court records are presumed open, but disclosures are served rather than filed, account numbers are cut to four digits, and a record is sealed only by court order.