Name Change

I`m in the process of getting a divorce and my soon to be ex-wife and I have 2 children. I wouldnot like her to have my last name because of the verbal abuse from her to my family. I have read all of the answers to the previous questions but I have something different. When we got married, our marriage liscense has her maiden name on it and our tax return has her maiden name on it as well. Legally she never changed it. Do I have a case here with the court to have her go back to her maiden name?