Our name is an extremely important aspect of every person’s identity. When people wed, the decision of one party, typically the woman, to take on the surname of their spouse is a monumental tradition. Taking on the name of one’s spouse signifies the unity of partners to become one family. But, as we know, for one reason or another, this unity may come to an end.
To resecure the independent identity of oneself, North Carolina does permit avenues for a party to depart from the surname of a dissolved marriage.
How it’s Done
The first step is to start the dissolution of the marriage through an absolute divorce. A name change can be requested and granted through the absolute divorce process.
Should an absolute divorce judgment be entered without the name change though, fear not. North Carolina also permits that a divorced person may apply to change their name with the county clerk where they reside or wherever her divorce was granted. An applicant is allowed to revert their name back to; (1) their maiden name; (2) the last name of a previous spouse who has passed; (3) or the last name of a previous spouse with whom they bore children with of the same last name.
Finally, when filling out the application, one is to sign the document with their desired maiden name, surname prior to the marriage, or desired surname from a previous spouse.
Impact of a Name
Our name is what we refer to ourselves as, and how others know us. Everyday we see and utilize our name as a form of reputation and story teller to who we are. When we wed, the taking of a last name should be a reflection of the family you are now building and how you want to reflect yourself.
That being said, at the termination of that martial relationship, one should be and is permitted by North Carolina law to remove undesired last names. Changing a last name back to a previously held name is another act to embody the person you wish to be recognized as. Use the tools the state has given you and take a piece of your identity back!
If you or somebody you know wants to learn more about changing their name as a result of divorce, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Jordan Wideman is a compassionate family law attorney at Modern Legal, driven by a lifelong passion for helping others. Coming from a family rooted in public service, Jordan brings empathy, strength, and dedication to every client. A proud first-generation attorney, Jordan uses personal experience and deep community ties to guide families through their most important challenges—because to Jordan, family is defined by love, not just blood.
