Full question:
I am not a widow nor I am divorcing my husband yet I want to resume my maiden name. The change of name forms I have found all suggest that, in order to use them, I must be seeking a change of name other than what is on my birth certificate. What if I just want to revert to the name that is on my birth certificate without divorce or death of my husband?
- 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. Please see the link to the form below which may be used for an adult name change without being divorced or widowed. 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. For example, the court must find you are not trying to defraud the public by presenting yourself as divorced or widowed. 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.
