A spouse can elect to retake his or her maiden name during a divorce. In Pennsylvania, pursuant to 54 P.S. § 504, “any person who is divorced from the bonds of matrimony may resume any prior surname used by him or her by filing a written notice to such effect in the office of the clerk of the court in which the decree of divorce was entered, showing the caption and docket number of the proceeding in divorce.” It is also possible to request to retake your maiden name while the divorce is still pending in Bucks County. There is a $9 filing fee payable to the court for the certified copies of the name change decree.

For New Jersey, you may also elect to retake your maiden name in the context of your divorce. Good practice is to include the request to retake your maiden name in the initial complaint. You can amend the complaint subsequently or even request the relief orally prior to your final divorce judgment. If you are looking to resume your maiden name after the divorce has been finalized, you must file a post-judgment motion with the court. There is a $50 filing fee. This process is still simpler than doing a civil name change.

Once you have the signed/certified Order granting the name change, you can take the Order to your local Social Security Office, Department of Motor Vehicles, banks, etc. to effectuate the actual change of name.