Maiden name after divorce finalized

North Carolina Divorce Law Divorce and Separation Answers
1

I have been divorced for a while. In my complaint for divorce, I selected the option of “The Plaintiff respectfully asks the Court: ‘That the Plaintiff be allowed to resume the use of her maiden name.’” I filled in my maiden name per the instructions on the paperwork and everything was signed and agreed to by the judge back in April 2011. I never did anything else about resuming my maiden name on my bank accounts or id’s or anything. I still go by my married name. Recently, my ex told me that since I selected that option that my legal name is my maiden name and I needed to use it unless I went back and requested a name change back to his last name since I had requested to use my maiden name after my divorce.

Is this true? Is my legal name my maiden name since the judge signed the divorce? Is it illegal or wrong for me to continue using my married name since I’ve got the signed divorce saying I would use my maiden name?

2

Your name is not changed legally simply by including it in the divorce judgment. You have to file an additional form to complete the name change located at: nccourts.org/Forms/Documents/456.pdf and file it with the court.

3

Thank you!

So I file that now? Or should that have been filed with the divorce paperwork?

4

You can file it at the time the divorce is granted or later.