Resumption of Former Name in Divorce Proceedings

In a divorce, a spouse may desire to resume using a maiden name or a former name. North Carolina divorce law provides a simplified procedure for this. The spouse simply makes a request in their divorce pleading that the divorce decree authorize the name change. If the spouse seeking the name change files the complaint for divorce, the spouse makes the request for a name change in the divorce complaint. If the spouse seeking to change their name is not the spouse filing for divorce, they must file a responsive pleading requesting the name change. A woman may ask the court to change her name to any of the following: (a) her maiden name; or (b) the surname of a prior deceased husband; or (c) the surname of a prior living husband if she has children who have that husband’s surname. A man who changed his surname upon marriage may ask the court to change his name to his pre-marriage surname.

If a spouse did not request a name change in the divorce proceeding, he or she may petition the Clerk of Court for a name change after the divorce is granted. The post-divorce petition must be filed in the county where the divorce was granted or in the county where the person resides.

A filing fee is required when requesting a name change whether in a divorce proceeding, or before the clerk after the divorce is granted.

Only the person whose name will be changed may request a name change. The other spouse may not ask the court to change the name of the other spouse.

As with any other issues arising from your separation or divorce, you should consult with a North Carolina Family Law Specialist. Feel free to contact me, Monty Beck, Western North Carolina Family Law Specialist to discuss your separation or divorce.

Coward, Hicks & Siler, PA, is a general practice law firm, whose lawyers are authorized and licensed to provide legal services in the State of North Carolina. We serve clients throughout western state, in Franklin, Sylva, Murphy, Cherokee, Bryson City, Waynesville, Highlands, Cashiers, Cullowhee, Robinsonville, Brevard, Asheville and surrounding townships.

The main content of this site is updated as necessary to ensure accuracy. Blog posts are accurate as of the date of publication and are updated with new posts in the event of changes in the law. All material found on this website is primarily intended for the purpose of marketing, and to allow visitors to compare the services offered by Coward, Hicks & Siler with those offered by similar law firms.

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Cashiers, NC 28717
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    Sylva

    705 W. Main Street
    Sylva, NC 28779
    Phone: 828-586-2147
    Facsimile: 828-586-2605

    Cashiers

    211 Cashiers School Road
    P.O. Box 1918
    Cashiers, NC 28717
    Phone: 828-743-2401
    Facsimile: 828-743-2403

    Franklin

    43 West Main Street
    Franklin, NC 28734
    Phone: ]828-524-6475
    Facsimile: 828-524-9833