Divorce often marks a new chapter in life. For many people, part of moving forward includes changing their last name back to a maiden name or a previously used name. In North Carolina, this process is straightforward, but it requires following specific legal steps.
If you’re wondering how to change your name after divorce in NC, here’s what you need to know.
Your Right to Change Your Name After Divorce
North Carolina law allows you to change your name after divorce under N.C. Gen. Stat. § 50-12. You may request to:
- Resume your maiden name
- Resume the surname of a prior deceased spouse
- Resume the surname of a prior living spouse, if you have children with that surname
This is only available to parties in a divorce action, and you must file the request with the court.
Step-by-Step Process for Changing Your Name
1. Request the Name Change in Your Divorce Judgment
- When you file for divorce, you can include a request in your divorce complaint or answer to restore your former name.
- The judge will grant the request in the divorce decree, making the process easier.
2. File a Separate Name Change Motion (If Not Requested in Divorce)
- If you did not request a name change during your divorce, you can still apply afterward.
- File a Petition for Name Change After Divorce with the clerk of court in the county where your divorce was granted.
3. Provide Identification and Documentation
- Present a certified copy of your divorce judgment.
- Show proof of identity (such as a driver’s license or passport).
- Pay a small filing fee, unless waived.
4. Update Your Records
Once the court grants your name change, you must update your name with various agencies, including:
- Social Security Administration (SSA)
- North Carolina DMV for your driver’s license
- Banks and financial institutions
- Employer and payroll records
- U.S. Passport office
- School or medical records, if applicable
How Long Does It Take?
The process is generally quick:
- If included in the divorce judgment, the change is effective immediately.
- If filed afterward, it may take a few weeks depending on the county and court processing time.
Common Questions
Does it cost money to change my name after divorce?
- There is usually a small filing fee if you request the change after your divorce decree.
Can I change my child’s last name too?
- No. Changing a child’s name requires a separate legal process, often needing the consent of both parents and court approval.
Will my ex-spouse be notified?
- No. Your former spouse is not notified when you request to resume your maiden or prior surname after divorce.
Why Legal Guidance Can Help
While the name change process is relatively simple, divorce often involves other legal issues such as property division, child custody, or alimony. An attorney can ensure your name change request is properly included in your divorce filings, saving you time and additional costs later.
Key Takeaways
- You have the right to change your name after divorce in NC under N.C. Gen. Stat. § 50-12.
- The easiest way is to request the change in your divorce complaint or answer.
- If not included, you can file a separate motion with the clerk of court.
- After approval, you must update your records with government agencies and employers.
If you are going through divorce in North Carolina and want to change your name, let Martine Law handle the details so you can move forward with confidence.
Contact us today for a confidential consultation: Martine Law Contact Page.