If you want to change your name or the name of your child in Wake County, North Carolina, Attorney David Schiller can represent you during the process.
Fees for Name Changes
The fee for names changes is typically a flat fee of $700. This includes only the cost of the filing fee, but no other expenses.
There a few situations in which the fee will exceed $700:
Name changes are usually (about 95% of the time) granted without a hearing. However, if a hearing is required, then Mr. Schiller charges an hourly rate of $250 per hour for time necessary to prepare for and attend the hearing.
Minor name changes that require (see details below) attempting to locate and notify the other parent may also incur additional hourly fees.
This not a promise to accept your case or an offer to take your case for a set amount. This information is provided to give potential clients an estimate of the costs involved in pursuing a name change.
Resuming a Maiden Name
Some women may wish to resume their maiden name after a divorce. This can be done at any time, and it is not essential that the name change be part of the divorce judgment. If the wife requests the name change in the absolute divorce complaint or counterclaim, the name change will become part of the absolute divorce judgment.
If the name change was not part of the absolute divorce judgment, an “Application/Notice of Resumption of Former Name” form can be completed for this purpose.
Adult Name Changes
If you are over the age of 18 and would like to change your name, Mr. Schiller can file a case in the Special Proceedings Division of Wake County Superior Court for the purpose of obtaining a court order that legally changes your name.
Prior to meeting with one of our attorneys, you must obtain a copy of your Federal and State criminal background histories.
Your Federal criminal history is available from the Federal Bureau of Investigation.
Your State criminal history is available from the North Carolina State Bureau of Investigation using the “Right to Review Packet.”
Official fingerprint cards are required for both applications. You can obtain the fingerprint cards through Wake County City-County Bureau of Investigation.
Please note: your name change paperwork must be filed within 90 days of the Federal and State criminal background histories.
In addition to the criminal background histories, you will need to bring the following items to the meeting with one of our attorneys:
- Drivers license
- Original, certified birth certificate
- Social Security card
- Passport
- A recent utility bill or other proof that you live in Wake County
- A certified marriage certificate (if you are married)
Once a court order is obtained that legally changes your name, our office will notify the Vital Records Department in the State in which you were born, which should then issue a new birth certificate. You will need to take the Wake County Court Order to Social Security Administration and the Department of Motor Vehicles to update their records and get a new Social Security card and driver’s license.
Name Change of a Minor Child
To change a minor child’s name, the child’s parent(s) or legal guardian must file an application in the Special Proceedings Division of Wake County Superior Court. However, the name of a minor child may not be changed without the consent of both parents (if living), with some exceptions.
There is no background check requirement for minor child name changes.
You will need to bring the following items to the meeting with one of our attorneys:
- Both parents’ or legal guardians’ drivers licenses
- Original, certified birth certificate of the child
- Social Security card of the child
- Passport of the child (if he or she already has one)
- A recent utility bill or other proof that a parent or guardian lives in Wake County.
Once a court order is obtained that legally changes your child’s name, our office will notify the Vital Records Department in the State in which your child was born, which should then issue a new birth certificate. You will need to take the Wake County Court Order to Social Security Administration to update their records and get a new Social Security card.
Contact Attorney Schiller
Attorney David Schiller practices family law in Wake County — divorce, child custody and support, alimony, post-separation support, separation, pre-nuptial agreements, name changes, and appeals.
You are welcome to contact us regarding your family law issue.
To schedule a consultation to discuss a family law issue, please telephone us at (919) 789-4677 or complete the contact form below.