Changing Your Name After Your Divorce

Subsequent to your divorce you may have decided to keep your husband’s name as opposed to reverting back to your maiden name. If you are having second thoughts, you are in luck! N.J.S.A. 2A:34-21 provides that after granting a divorce, the court may allow either spouse to resume any name used prior to the marriage or to assume any surname. In Olevich v. Olevich, 258 N.J.Super. 344 (Ch. Div. 1992) the court ruled that a divorced woman is entitled to resume her maiden name anytime (the Olevich case occurred 14 years later) following entry of judgment of divorce. N.J.S.A. 2A:52-1 and R. 4:72-1 both provide that any person may institute an action in Superior Court for authority to assume another name by way of an application containing the Plaintiff’s date of birth and stating (1) that the application is not made with the intent to avoid creditors or to obstruct criminal prosecution or for other fraudulent purpose; (2) whether Plaintiff has ever been convicted of a crime and if so, the nature of the crime and the sentence imposed; (3) whether any criminal charges are pending against Plaintiff and if so, such detail regarding the charges as is reasonably necessary to enable the Division of Criminal Justice or the appropriate county prosecutor to identify the matter. If you are considering resuming your maiden name contact our offices today to schedule a free consultation!