I am not taking name change cases at this time.
In North Carolina, the Special Proceedings section of the county courthouse may have a packet of the necessary forms to complete the process.
The North Carolina General Statutes Chapter 101 outlines the name change process and can be found here: https://bit.ly/3uW8YS6
You may find the information below helpful to understand the process.
Thank you.
— Attorney David G. Schiller
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, you can file a case in the Special Proceedings Division of your local county courthouse for the purpose of obtaining a court order that legally changes your name.
As part of the process, you need to 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 your 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, you should 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 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 (Please see N.C. General Statute § 101-2(d) for more information on the “consent of both parents” issue.)
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.