Changing Your Surname After Divorce

North Carolina General Statute Section 50-12 provides for ways to change your surname (last name) as a result of a divorce. There are two ways to do this:

  1. Requesting a change of surname in the complaint or answer for divorce, and the judge grants the name change as part of the divorce judgment; or
  1. Making application to the clerk of court in either the county where you live or the county where the divorce was granted.

Regardless of the method you choose, there is a small fee for the name change, which is due at the time of requesting the name change.

If you are a woman, you can change your surname to your choice of the following:

1.Your maiden name;

2.The surname of a prior deceased husband; or

3.The surname of a prior living husband if you have children who also have that husband’s surname.

If you are a man, you can change your surname to the surname you had before your marriage.