Can I Revert to Using My Maiden Name

Upon divorce, a spouse who has changed her name upon marriage can petition the court to resume using her maiden name. It is important that the spouse that wants to resume her maiden name requests to do so in the divorce complaint. If you have been served with a complaint for divorce, this request should be made in an answer to the complaint. If you are a same-sex couple and you choice to change your name while married, you have the right to resume your maiden name as well. Furthermore, a thorough review of the divorce order (also known as a divorce decree) to ensure that it includes language that allows you to resume your maiden name is highly advised.

If your divorce was already granted and you did not request to resume your maiden name you may still legally change your last name. However, you will have to file a separate action in special proceedings court.

Lastly, if your spouse changes her name in marriage, there are no legal remedies to force your spouse to resume her maiden name if she wishes to maintain her married name after divorce. The request to resume a maiden name must come from the person that changed her name upon marriage.