Resuming Maiden Name Judgement


#1

This is what the home site says:
“Can I change my name at the time of divorce?
North Carolina law allows a spouse, in conjunction with a divorce, to take a name other than the current spouse’s last name. You would petition for the name change when you file your divorce complaint or when you file your answer to your husband’s complaint. In your complaint for divorce or your answer, you may petition the court to change your name to either your maiden name, the surname of a prior deceased husband or the surname of a prior living husband if you have children who have that husband’s surname. The court will issue an order at the time of the divorce granting your request for a name change. There is no additional cost for this name change if it is done at the same time as the divorce. Should you decide after the divorce that you want such a name change, you just present your divorce judgment to the clerk of court. For a nominal fee, you will be allowed to have one of the name changes specified above: maiden name, name of a prior deceased husband, name of a prior husband with whom you had a child with that same last name.”

As far as how to word it, if you are doing the paperwork yourself, I would think that it would just state that you would like to petition the court to have your name changed at the time of the divorce.


#2

Thanks I did request it in the complaint. So is that it? I don’t have to include it in the judgement? And yes I am doing all the paperwork we have everything settled outside of the actual divorce.


#3

You may want to contact the Clerk’s office to double check this but I believe that this means that the judge will need to include this in the absolute divorce. I don’t believe that there is anything more you need to do. I think they were only letting you know this. Call and check…sometimes it take a bit to get the attorney’s to post on here…


#4

ok I will! Thanks.


#5

Dear summerdreamz1969:

Greetings. Yes, of course you have to include it in the judgment.

"Wife is allowed to resume the use of her maiden name which is “Susan B. Anthony” or whatever it is. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#6

The Clerk of Court told me the request for resuming my maiden name needs to be in the judgement as well cannot find how to word it anywhere. Any suggestions? The case is being heard Monday. Thanks