If your spouse still lives in North Carolina you may file for divorce here in the county in which he resides. You may also file in South Carolina if you meet their residency requirements. Please do not file for divorce unless you have resolved your property and spousal support issues. Once the divorce is final you lose the right to ask the court to address these issues. I do not know the procedure for changing your name prior to the divorce. I deal with name changes only in the context of the divorce.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
All issue are resolved through the seperation agreement (I am a Rosen client), so that has been taken care of. It’s just that I want my name changed now and I can’t seem to get a straight answer as how to go about it.
If you live in SC then you will need to change your name in SC and we aren’t familiar with the process there. In NC it is a very simple procedure involving public notice and waiting a few weeks after filing a simple form.
What most people do, however, is to wait and change their name at the time of the divorce. At that point it doesn’t involve any extra fees, notice or waiting. It is really simple. Some people actually start telling folks their new name and start using it before they get divorced and then change documentation, like their drivers license and social security card, once they have the court document indicating that the name has officially been changed.
Good luck.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607 Rosen.com
(919)787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I have searched to forum and I cannot find clear direction. I am legally seperated since 10/06. I want to revert to my maiden name now instead of waiting until the divorce. Can I do this and how? The seperation agreement was filed in NC and now I reside in SC. Do I have to file in NC or SC? Thanks.
You simply request in your Complaint to be able to return to your maiden name. Also, when you draft the order you need to place the language in there too saying that you are to receive your maiden name. Look at the orders drafted on our website for help. Best of luck.