According to my state’s divorce laws, either party may request a name change in a decree of dissoloution of marriage.
My question is, if she does not want her name changed back to her maiden name, can I file a petition to have her name changed back?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
The divorce law you referred to is written under the progressive notion that either party may have changed their name as a result of the marriage. Now the party who changed their name may request the name be changed back.
Although you can request she change her name back, the court is not likely to force a name change. As an example, even though your wife may not have been married, she could have gone through the proper procedures to change her name through legal proceedings to her current name.
It does not hurt to ask for the name change in your pleadings,and possibly use it as a bargaining tool within the confines of the divorce.