Practice Areas - Name Change
Name Change in North Carolina:
What should you know?
Practice Areas
Name Change
People change their or their children’s names for many reasons: marriage, divorce, and adoption are probably the most common, but North Carolina also permits name changes for ‘good cause.’
NOTE: The law only permits a person one name change for good cause; the name of a minor child may be changed not more than two times.
Marriage, Divorce, Death of Spouse, and Adoption
Changing a name in these situations is usually very simple because the name change is recognized or built-in as a part of the process. Following marriage, you can generally change your name on your social security card and driver’s license simply by filing a form and providing a few documents (see Social Security Adult Name Change and NCDMV Name Changes).
As a part of a divorce action, a person can resume a prior name, which can be included in the judgment of divorce.
Sometimes people do not change their name at the time of divorce and decide later that they want to change it. This, too, can be as simple as completing a form. In addition, you can use the same form to resume a former name following the death of a spouse.
It is not necessary to change your birth certificate following marriage or divorce.
Similarly, as a part of the adoption process, the adoptee’s name change can be requested and included in the final decree.
What is for ‘good cause’ when considering a name change?
There are many other reasons people want to change their names or their children’s names: estrangement from parents/family, religious conversion, professional identity, gender transition, embarrassment, etc.
Everyone’s situation is unique, so what constitutes “good cause” will be determined on a case-by-case basis. The petitioner will have the opportunity to explain the reasons in the petition, and if the clerk finds the reason to be good and sufficient, the clerk will grant the name change.
How many times can you change your name for ‘good cause’ in North Carolina?
The law only permits a person one name change for a good cause; the name of a minor child may be changed up to two times.
A registered sex offender is prohibited from obtaining a change of name.
NORTH CAROLINA GENERAL STATUTES § 101
The Process for changing your name for ‘good cause’ in North Carolina
In North Carolina, a name change for ‘good cause’ is accomplished by filing a petition before the clerk of the superior court in the county where you live. Notice of intent to file a name change must be posted before filing the petition. In addition, a state and national criminal record check must be submitted with the petition, along with two affidavits of character from county residents.
The Process for changing your name for ‘good cause’ in North Carolina
One or both of the child’s parents must file a petition for a child younger than 16. If only one parent files the petition, written consent from the other biological parent must be submitted. The child may file a petition for a child 16 or 17 but must include written permission from both parents.