Full question:
My husband and I were married in a private religious commitment ceremony but did not file for a marriage certificate to make the union 'legal' because his credit score is much lower than mine, and we don't want to damage my credit. We would prefer to wait to marry with a marriage certificate once his credit score improves in a few years now that he is financially stable and has his debts in order. However, in the meantime, I would like to assume his last name legally. Can that be done with a special order for a name assumption? If so, can you provide an attorney to handle this for me or can I purchase a form or template to file it on my own?
- Category: Name Change
- Date:
- State: North Carolina
Answer:
The need for a legal name change may result from marriage, divorce, adoption or simply a desire to have another name. Generally, you cannot change your name for a fraudulent purpose, such as avoiding debts. Means of changing your name generally include usage (in some states using a name as your own has the affect of making it your name); court order (a court order is recommended to change your name and is required by most states); or a marriage certificate as proof of name change. It will be a matter of subjective determination for the court to decide whether a name change isn't against the public interest. A name change petition may be filed without an attorney.
The process for obtaining a name change for an adult in the State of North Carolina begins with the posting of a Petition for Name Change at the door of the Superior Court in the jurisdiction in which Petitioner resides. The Petition is posted, generally on a bulletin used for that purpose near the main entrance to the courthouse, for 10 days in order to give the public notice by publication of the requested name change. There after, the Petition is filed with the Clerk of the Court.
The Petition must be accompanied by two (2) affidavits of good character made by two (2) citizens of the county in which the Petitioner resides.
The Petition informs the Court of Petitioner's true name, county of birth, date of birth, the full name of Petitioner's parents as shown on birth certificate, the name he desires to adopt, his reasons for desiring such change, and whether his name has ever before been changed by law, and, if so, the facts with respect thereto.
After the Petition is posted and filed, if the clerk thinks that good and sufficient reason exists for the change of name, it shall be his duty to issue an order changing the name of the applicant from his true name to the name sought to be adopted.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
