To use your maiden name after a divorce, ask the judge handling your divorce case to include a formal order allowing you to resume your maiden name, suggests FindLaw. After the judge issues a court order that includes your name change, obtain a certified copy of the order to show as proof when requesting a name change on bank accounts, identification cards and other documents or accounts where you use your name.
If the court judge issues a divorce decree without stating your name change, find out if you can request to modify the divorce decree to include an order regarding the name change, recommends FindLaw. In some states, modification of a divorce decree after the court finalizes the divorce is possible, and a spouse receives a certified copy once the judge signs the name change request.
When a parent also seeks to change her child's name to her maiden name, the court considers the best interests of the child and assesses factors such as the child's age, length of time the child used the father's name, and the bond between the mother and child, reports FindLaw. The court also considers negative outcomes from the name change and potential benefits, such as remarriage of the mother. Changing the name of a child to the mother's maiden name does not affect visitation rights, child support payments and other parental responsibilities.