767.395.Name of spouse.
Subch. IV: Annulment, Divorce, and Legal Separation · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.395
Amendment History
Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.
History: 1975 c. 94; 1979 c. 32 s. 50; Stats. 1979 s. 767.20; 2003 a. 52; 2005 a. 443 s. 78; Stats. 2005 s. 767.395.
Plain-English Summary
The duty is the court's and the trigger is a request. On granting a divorce, the court shall allow either spouse, upon request, to resume a former legal surname, if there is one.
There is no discretion to weigh and no reason to give. The single exception is the sex offender registry statute, which the section carves out — a name change is not available as of right to someone the registry covers.
Frequently Asked Questions
Can I take back my former name in a Wisconsin divorce?
Yes. On granting the divorce the court shall allow either spouse, upon request, to resume a former legal surname.
Do I need to give a reason?
No. The section gives the court no discretion to refuse a request, except as the sex offender registry statute provides.
When do I have to ask?
The right is exercised upon the granting of the divorce.