After a divorce, a person often wishes to resume use of a former last name or to adopt a completely new last name. The court, which issues the divorce decree, can usually issue an order allowing the person to use a name, which is different than the person's married name. The court will not automatically issue such an order, but must be asked or "petitioned" to do so.

In New Jersey, the court, upon or after granting a divorce to either spouse, may allow either spouse to resume any name used by the spouse before the marriage, or to assume any surname.