When may a woman resume her maiden surname or a prior husbands surname?
Many women request to resume the use of their maiden names in either the Complaint for Absolute Divorce or in the responsive pleading which is called an Answer and Counterclaim. It is also possible for a woman to resume the name of a prior deceased husband or of a prior living husband if she has children who have that husband’s surname. If so, the Absolute Divorce Judgment will contain a provision permitting the woman to resume the use of her maiden name or that of a prior husband as may be appropriate. However, if a woman does not seek to resume the use of her maiden name, or that of a prior husband as may be appropriate, at the time of the entry of the Absolute Divorce Judgment, she may later request permission from the clerk of court of the county in which she resides or in which the Absolute Divorce Judgment was entered. This is unusually accomplished by completing a simple form that can be obtained from the clerk of court and paying a minimal administrative fee.
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