Like most jurisdictions, it is easier to effect a name change in South Dakota during the divorce rather than after the divorce is finalized because the judge has discretion when the spouses request wife to restore her maiden or previous name.

South Dakota law reads: “Whenever a decree of divorce is granted, the trial court may, in its discretion or upon the application of either party by the terms of the decree, restore to the woman her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit. All decrees of divorce previously entered restoring to the divorced woman her former name under this section are declared legal and valid and effective from their date of entry.” [South Dakota Codified Laws; Title 25, Chapter 25-4-47].

However, a name change in a divorce decree does not mean that the wife is required to change her name.