There are several reasons you may want to pursue a name change after divorce. You may have a practical motive, like maintaining consistency in your legal documents, or more personal ones, such as getting closure or severing ties with your former life. Whatever your motivation, you’ll need to understand the process of legally changing your name in North Carolina if you want to avoid some common headaches.
Name Change After Divorce: The Basics
In North Carolina, you can change your last name as part of your divorce proceedings or after the divorce is finalized. During the divorce process, you may request a name change in your divorce complaint or counterclaim. If you wait until after you’re divorced, you must file your application for a name change with the Clerk of Court of the county you live in or where the divorce was granted.
Under North Carolina law, women have three potential options for a name change:
- Your maiden name
- The last name of a prior deceased husband
- The last name of a prior living husband if your children share the name
If you’re a man who changed your name when you got married, you may change your name back to your pre-marriage last name.
Updating Government and Personal Records
When you change your name after divorce, you must notify all the various agencies and institutions that have you filed under your former name. It may seem like a hassle, but getting ahead of it can help you avoid a lot more trouble down the line. For example, you don’t want to discover your passport name doesn’t match your ID the day before an international flight.
Be sure to notify and update the following after your name change:
- Social Security Administration (SSA) – You must complete an application and present your divorce decree and valid ID. You’ll receive an updated Social Security card with your new name and the same number.
- Department of Motor Vehicles (DMV) – You must notify the DMV within 60 days of your name change. Using your newly updated Social Security card and your divorce decree, you should be able to update your driver’s license or other ID card. This is a good time to update any vehicle titles and registrations that still list your old name.
- Passport – Changing the name on your passport is crucial if you plan on traveling abroad anytime soon. You’ll need to fill out an application form, provide your old passport and the divorce decree, and pay the required fee.
- Internal Revenue Service (IRS) – Mismatched names on your tax records can result in filing delays and other bureaucratic headaches. The SSA should have informed the IRS, but you should confirm they’ve updated your information.
- Employer – Your job’s HR department likely has several documents that now have the wrong information. Inform them of your name change so they can update your W-2, direct deposit information, and health and retirement benefits.
- Financial institutions – Once you’ve got an updated ID, bring it along with your divorce decree to your bank to update your information. Call any credit card, mortgage, or investment account companies with your old name and update them, as well.
- Insurance providers – A mismatched name can cause issues with claim processing. Call your home, auto, health, life, and any other insurance providers and let them know you’ve changed your name.
Common Challenges and How to Avoid Them
Your name change shouldn’t be overly difficult, but you may run into significant complications if you aren’t careful. Here are some common challenges you may face when seeking a name change after divorce in North Carolina:
- Missing documents – When updating your information with an institution or agency, be sure to double-check the documents they require and ensure you have everything with you when you visit their offices.
- Wrong order – You’ll need your updated Social Security card to get your updated driver’s license. Your name must also match your Social Security card when filing your taxes. Be sure to start with your Social Security card before trying to update anything else.
- Incomplete updates – There are several institutions you’ll need to update about your name change. Failing to update them all can come back to haunt you in unpredictable ways. Be sure to notify any important institution with your name on file.
Legal Help for Name Change After Divorce
If you’re feeling confused about anything, you can always consult a family law attorney for name change guidance. Your attorney can:
- Offer legal advice – If you’re unsure of the benefits and potential drawbacks of your name change options, your lawyer can help explain them.
- Avoid unnecessary delays – Your lawyer can help you gather the documents needed for a name change after divorce, fill out the required forms, and submit everything promptly and without mistakes.
- Guide you through complications – There are times when uncommon circumstances complicate the name change process, such as having multiple prior surnames to choose from or having your divorce finalized in another state. A lawyer can help you handle these complications and get your name changed as soon as possible.
- Assist you for safety reasons – Some people change names after divorce to protect themselves from an abusive ex. If that’s the case for you, a lawyer can help maintain discretion during the name change process for your protection and security.
Contact a North Carolina Family Law Attorney Today
If you need a family law attorney for name change guidance after your divorce, Charles R. Ullman & Associates can help. We have more than 25 years of experience and are led by a North Carolina State Bar-Certified Family Law Specialist. Our team can guide you through the name change process and help you avoid unnecessary complications. You can learn more about how we’ve served numerous satisfied clients by reading our many positive testimonials, such as this one:
“Charles Ullman understands what you’re going through and will be on your side the whole way through should you decide to hire him. I can’t recommend him and his firm enough.”
Call (919) 829-1006 today or reach out online to get started with a consultation.
