In Re Marriage of Banks

Janice Christensen Banks appeals from a judgment of marital dissolution insofar as her request for restoration of maiden name was denied.

The cause was tried very briefly as an uncontested matter. Pertinent to this appeal is the following colloquy, which occurred just before the taking of testimony, between the court and counsel for the wife:

Neither the reporter’s transcript nor the report of the domestic relations investigator contains any evidence relating to the request for restoration of maiden name. Appellant contends that the court should nevertheless have granted her request. California legislation has long provided for restoration of the wife’s maiden name upon the dissolution of a marriage. The presently effective statute is Civil Code section 4362, which provides: “In any proceeding under this part, except an action for legal separation, the court may restore the maiden or former name of the wife regardless of whether or not a request therefor was included in the petition.” (Stats. 1970, ch. 311, § 1, pp. 703, 705.) Appellant contends that the court was under a mandatory duty to restore her maiden name even though the statute says that the court “may restore…