Many women clients ask me, can I change my name after my divorce, and men ask me, can I make her stop using my name.
The law and answer are both simple. Upon the granting of a divorce, the ex-wife has the option, in her sole discretion, to resume the use of her maiden name or prior name. The ex-husband cannot make her stop using his last name, nor can he insist that she do so. The ex-wife will decide if she is more comfortable, for whatever reasons—work, personal, or otherwise— which name she will use or resume the use of after the divorce is final. While the divorce is still pending, there is no legal authority to resume the use of her maiden or prior name if she adopted her husband's last name.