Questions about name change

North Carolina Divorce Law Divorce and Separation Answers
1

Your wife does not have to be present at the hearing if she filed an answer asking that she be allowed to resume her maiden name. The judgment will allow her to resume the use of the name, not require that she do so.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

I, the husband, am the plaintiff in my divorce complaint and am doing a do-it-yourself divorce. The complaint included asking that the wife change her name back to her maiden name. I have 2 questions. First, does my wife have to be present at the divorce hearing since she requested a name change? Second, she is now having second thoughts about changing her name. Can that request be removed from the complaint (or the judge be told she no longer desires that during the hearing)? Thanks for your help.