Legal Question in Family Law in Virginia

He can file, but it's her decision whether she wants to resume the use of her maiden name.

Actually, I believe that the motion for the name change can only be made by the person whose name was changed:

� 20-121.4. Restoration of former name.

Upon decreeing a divorce from the bond of matrimony the court shall, on motion of a party who changed his or her name by reason of the marriage, restore such party's former name or maiden name by separate order meeting the requirements of � 8.01-217.

So I don't believe a husband can even request that the wife take back her maiden name. She can keep it if she wants to.