After a divorce, many women wish to resume a former name. In NJ, there is a right to do this provided the name change is not being sought o avoid creditors or criminal prosecution. The decision to change names lies with the party who changed their name; this is typically still the wife. The husband cannot force a name change and cannot prevent one.
If you are considering changing your name after the divorce, it is best to let your attorney know as possible. This way, the request can be incorporated into the settlement agreement and the necessary information can be offered for the court to consider at the final hearing. he final judgment of divorce will serve as the court order which authorizes the change. Interestingly enough, the law does not require the requesting party to resume a former marries name or birth name: any new surname can be sought.
