Name Change Questions

North Carolina Divorce Law Divorce and Separation Answers
1

We are in the process of working on a Separation Agreement that has been drawn up by my lawyer. Can I include verbiage in there about allowing me to take my maiden name back when we sign this document, or do we have to be actually divorced for me to be able to do so (since we may stay separated for awhile due to my need of medical benefits). I would LOVE to be able to revert to maiden name while still separated.

Also, although unlikely, IF I do decide to KEEP my married name AFTER we divorce, does that mean that anyone that my (then) ex-husband would marry in the future CANNOT have his last name? Or doesn’t that make a difference?
thank you

2

To change your name prior to a divorce being granted is much more difficult, costly, and time consuming. You can write it in the separation agreement, but it is not required to be there in order to get a name change granted. Your last name will not impact your spouse’s future spouses from using his name.