Name change in a counterclaim if I live in another state

My husband filed for divorce in NC (where he lives). I live in SC. We have a separate agreement that has already divided all of our property. All I want to do is file a counterclaim asking for resumption of my maiden name. How do I do this without an attorney? Does a counterclaim greatly delay the process?

No, this would not delay the process.

You have 30-33 days from the date that you are served with the complaint, depending on the method of service, to respond to the complaint. You would file your request for resumption of maiden name prior to the expiration of the 30-33 days. Then the absolute divorce action would continue as normal.

Our Do It Yourself Divorce Guide, which has step-by-step instructions for filing a claim for absolute divorce, may help you in how to file a request for resumption of maiden name.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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