While changing your name after a divorce might seem like the last of your concerns, you may choose to do so, as it can help bring closure. If you’ve asked yourself: “How do I change my name after my divorce?” there is no need to worry. It may seem complicated, but actually the process is fairly straightforward.
You may petition to change your name at the time of divorce in conjunction with the filed divorce complaint (by including this request in the complaint for divorce itself) or, alternatively, opt to do so at any point in time after the divorce decree has been finalized. Resumption of your former name is available to both men and women. If you wish to resume use of your former name, you should let your divorce attorney know to include this request in the Complaint for Divorce, as this will save you the trouble of having to submit a separate name change request later.
Our state has a specific statute governing name change in conjunction with divorce in North Carolina. The statute provides for one of these three options:
- You can change your last name back to a maiden name
- You can change your last name back to that of a previous deceased husband
- You can change your last name to that of a former living husband, but only if the children from that marriage carry that last name.
If you do not include a proper request for resumption of your former name in the complaint for divorce, following the divorce, it will be necessary to complete an official “APPLICATION/NOTICE OF RESUMPTION OF FORMER NAME” (form AOC-SP-600) and submit it to the Clerk of Court of the county in which you reside. The name change application form is available at your county courthouse. You can simply report to the Civil Division at the courthouse and request a copy from the Clerk of Court.
Where should I file my petition?
Once completed, the form must be returned to the Clerk’s Office, Civil Division, of the same courthouse. In addition to the completed form, you will be asked to provide a valid picture ID, a finalized divorce decree, and the required filing fee of $10.00.
Who must I notify of my name change?
Once the petition has been granted, there are a few additional steps you must take. For example, the change should be reflected in other important documents such as your driver’s license and social security card. Additionally, you should contact credit card companies and your utility providers to advise them of the change. Those who travel will want to be sure to change the name on their passport.
How do I change my name after a divorce?
Changing your name after a divorce is not as complicated as one might think. However, should you require the guidance of the experienced divorce attorneys at Montgomery Family Law, we’ll be happy to guide you through the process and help you navigate through any potential problems. Give us a call at (919) 348-2317 and arrange for a consultation today.
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