Name Change & Incorporating Separation Papers


Dear ncfly:

Greetings. Yes, they both must be included in the divorce complaint. Please remember to draft your agreement as if it won’t be incorporated as some judges, especially in Wake County, will not incorporate separation agreements into the divorce judgment.

The separation agreement alone cannot do anything to help someone change back to their maiden name. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


Does the name change and incorporation of legal separation papers need to be included in the complaint?

And what is the best way to incorporate the sep. papers (these are legally drawn up, signed, notarized, etc.)in the judgement? My understanding is that a copy of the sep. papers needs to be attached with wording in the judgment to the effect that this is a fair and equitable settlement.

I have seen where there is a seperate paper to be filed AFTER the divorce is granted regarding resuming a maiden name. But isn’t there a way to incorporate that into the judgement?

Thanks for the fantastic web site! Our NC county has been a lot of help, but this site is great!