Article XI, Section 1 of the NJ Constitution provides:
3. All law, statutory and otherwise, all rules and regulations of administrative bodies and all rules of courts in force at the time this Constitution or any Article thereof takes effect shall remain in full force until they expire or are superseded, altered or repealed by this Constitution or otherwise.

State v. Librizzi, 14 NJ Misc. 904 - 1936 states:
At common law any adult or emancipated person was at liberty to adopt any name as his legal name except for fraudulent or criminal purpose, without resort to any court.

McGarvey v. Atlantic City, 8 A. 2d 385 - 1939 states:
At common law any adult or emancipated person was at liberty to adopt any name as his legal name except for fraudulent or criminal purpose, without resort to any court.

Bruguier v. Bruguier, 79 A. 2d 497 - NJ: Superior Court, Chancery Div. 1951 states:
There is nothing in the common law prohibiting one from taking another name, if he so desires. In the absence of a statute to the contrary a person may ordinarily change his name at will without any legal proceedings simply by adopting another name. 38 Am. Jur., page 610.

Sobel v. Sobel, 134 A. 2d 598 - NJ: Superior Court, Chancery Div. 1957 states:
It is generally recognized that a person by common law may change his name so long as the assumed name is not for fraudulent purposes. State v. Librizzi, 14 N.J. Misc. 904 (Sup. Ct. 1936). Cf. Bruguier v. Bruguier, 12 N.J. Super. 350 (Ch. Div. 1951)

In re Application of Lawrence, 337 A. 2d 49 - NJ: Appellate Div. 1975 and Egner v. Egner, 337 A. 2d 46 - NJ: Appellate Div. 1975 states:
At common law any adult or emancipated person was at liberty to adopt any name as his legal name except for fraudulent or criminal purpose, without resort to any court. McGarvey v. Atlantic City & S.R. Co., 123 N.J.L. 281 (E. & A. 1939); State v. Librizzi, supra; Sobel v. Sobel, 46 N.J. Super. 284 (Ch. Div. 1957); In re Witsenhausen, supra; Hauptly, supra; Stuart v. Board of Supervisors of Elections, 266 Md. 440, 295 A.2d 223 (Ct. App. 1972); Smith v. United States Cas. Co., 197 N.Y. 420, 90 N.E. 947 (Ct. App. 1910); Halligan, supra; Application of Shipley, 26 Misc.2d 204, 205 N.Y.S.2d 581 (Sup. Ct. 1960); Pierce v. Brushart, 153 Ohio St. 372, 92 N.E.2d 4 (Sup. Ct. 1950); Brayton v. Beall, supra.

In re Application of Pirlamarla, 504 A. 2d 1238 - NJ: Superior Court, Law Div. 1985 states:
The common law permits an adult to change his or her name without leave of court simply by adopting a new name and utilizing it in the ordinary course of daily living. See McGarvey v. Atlantic City & Shore R.R. Co., 123 N.J.L. 281 115*115 (E. & A. 1939); State v. Librizzi, 14 N.J. Misc. 904 (Sup.Ct. 1936); In re Witsenhausen, 42 N.J.L.J. 183 (C.P. 1919). Of course, this method would not obtain if the individual had a fraudulent or criminal purpose for assuming the new name. Id.

Matter of Eck, 584 A. 2d 859 - NJ: Appellate Div. 1991 states:
At common law, any adult or emancipated person is free to adopt any name, except for a fraudulent, criminal or other illegitimate purpose. Egner v. Egner, 133 N.J. Super. 403, 406, 337 A.2d 46 (App.Div. 1975). N.J.S.A. 2A:52-1 is remedial legislation establishing a method of judicial recordation of name changes. It is to be construed consistently with and not in derogation of the common law. In re Application of Lawrence, 133 N.J. Super. 408, 411, 337 A.2d 49 (App. Div. 1975).

In re Bacharach, 780 A. 2d 579 - NJ: Appellate Div. 2001 states:
The New Jersey change of name statute, N.J.S.A. 2A:52-1 to -4, provides an additional method for a change of name and provides a definitive and swift procedure for public recordation. Lawrence, supra, 133 N.J.Super. at 411, 337 A.2d 49. It is construed in light of common law and not in derogation of it. Egner v. Egner, 133 N.J.Super. 403, 406, 337 A.2d 46 (App. Div.1975).

In re Zhan, 37 A. 3d 521 - NJ: Appellate Div. 2012 states:
The common law allows name changes without judicial approval and without a public record of the change. Absent a criminal or fraudulent purpose, an adult can "legally and properly change his or her name at will and without need of judicial approval simply by using the desired name in ordinary life." Matter of Bacharach, 344 N.J. Super. 126, 130 (App. Div. 2001). The name change statute provides a more formal means to adopt a new name and "provides a definitive and swift procedure for public recordation." Id. at 130-31.[1] However, the statute is to be construed in light of the common law and does not abrogate it. Id. at 131; Egner v. Egner, 133 N.J. Super. 403, 406 (App. Div. 1975); Application of Lawrence, 133 N.J. Super. 408, 411 (App. Div. 1975).

RICCIOLI v. RICCIOLI, NJ: Appellate Div. 2012 states:
At common law, an adult or emancipated person is allowed to change his or her name without judicial approval and without a public record of the change. "Absent a criminal or fraudulent purpose, an adult can `legally and properly change his or her name at will and without need of judicial approval simply by using the desired name in ordinary life.'" In re Zhan, 424 N.J. Super. 231, 235 (App. Div. 2012) (quoting Matter of Bacharach, 344 N.J. Super. 126, 130 (App. Div. 2001)); see also Egner v. Egner, 133 N.J. Super. 403, 406 (App. Div. 1975).

Thus, defendant here had a common law right to resume her maiden name.

Affidavit