How Do I And Must I Change My Name After Divorce

Every Divorce Judgment in New York should provide for the "resumption of the use of your maiden name or prior surname" if you choose to do so. In plain English that means that the wife has the OPTION to keep her married name, use her maiden name or use her prior married name. Your husband cannot make you "give up" his name. So if you are known in the community or professionally using your married name and want to continue to do so you can.

If you have signed a Settlement Agreement or Separation Agreement but are not yet divorced, you cannot resume the use of your maiden or prior surname.

So, ladies the choice is yours and yours alone to make once you are divorced.