When entering into marriage, often one of the spouses (usually the wife in Polish realities) often decides to take the surname of the spouse. After divorce, however, you can return to your last name. There are a few important points to keep in mind.
First of all, you must meet the deadline – 3 months from the moment the judgment becomes final. After this time, the change of surname will be possible only on the basis of the Act on changing the name and surname. In addition, the declaration must be submitted to the head of the registry office or consul. It is not possible to demand from the court that such a resolution should be included in the divorce decree. This view was included in the judgment of the Supreme Court of September 23, 1974 (reference number III CRN 188/74) and it remains valid to this day.
At the same time, it should be remembered that the possibility of changing your name after divorce is a right and not an obligation. A woman bearing her husband’s surname (because this is the case most often) may not want this change for many reasons. First of all, by using a given name for many years of marriage, the wife could gain professional reputation and recognition, which she does not want to give up due to the breakup of the relationship. What is more, the children of the spouses usually have their common surname, so keeping the „married” surname may be to protect their good.
However, one can imagine a situation in which her husband, especially in conflict with his ex-partner, demands that she change her surname. So the question arises whether you can force your ex-spouse to change your name after divorce? This case was unequivocally resolved by the Supreme Court in 1978 in a decision of February 2, 1978; IV CZ 11/78. The Supreme Court stated then that „the ex-husband cannot demand that his former wife be deprived of her right to the name acquired by the marriage, since the Family and Guardianship Code does not provide for such a possibility”. This decision of the Supreme Court has not lost its validity to this day.