Name Change

At Touchstone Family Law, we understand that there are many reasons why people choose to change their name, including a change in marital status, adoption, or other family dynamics. Our attorneys can assist you in that process and ensure that your name change complies with North Carolina law. Once your name is legally changed in North Carolina, you are entitled to all the privileges and protection under your new name as you would have been under your old name.

Resuming Your Former Name

Under North Carolina law, you are permitted to resume your former name if you are:

• divorced
• a widow/widower

In these situations, the process is fairly straightforward, and we can assist you in resuming your former name relatively quickly.  

Changing a Minor Child’s Name

In North Carolina, changing a minor child’s name generally requires parental consent from both parents, but there are some exceptions, such as if the court has determined a parent has abandoned the minor child. The requirements and procedures for changing a minor child’s name are more streamlined than those for an adult assuming a new name with parental consent. A minor child’s name can be changed up to two times. 

Assuming a New Name

Assuming a new name in North Carolina is a more detailed and lengthy process. A person can only change their name once in their lifetime, with few exceptions, so it should not be taken lightly. In order to be eligible to change your name in North Carolina you must:

• be a true resident of/currently living in the North Carolina county where you file;
• be at least 16 years old (with parental consent) or at least 18 or older; 
• have no outstanding tax or child support obligations
• not be a registered sex offender; 
• provide any other information the clerk deems reasonably necessary; and  
• show “good cause” for the name change, which can include
  • marriage or divorce
  • adoption
  • safety
  • personal preference

What is the process to for assuming a new name?

In general, North Carolina requires that a notice of intent to change your name be filed with the Clerk of Superior Court in the county where you reside, and the notice of intent must be posted at a location designated by the clerk for 10 days. After the notice period, a petition must be filed with the Clerk of Superior Court, along with the submission of several documents: 

• proof of identity (such as a valid NC driver’s license or passport)
• proof of residency (such as a utility bill or bank statement)
• results of both state (SBI) and national (FBI) criminal history record checks
• affidavits proving your good character from at least two citizens in your county of residence, and
• a certified copy of your birth certificate

The Clerk of Superior Court reviews your filed petition and all supporting documentation to determine whether there is “good and sufficient reason” to grant or deny your name change.

If Approved: The clerk will issue an order changing your name and shall forward the order to the North Carolina State Registrar of Vital Statistics and the North Carolina Department of Public Safety.

If Denied: The clerk will issue an order stating the reasons for denial. You may petition the resident superior court judge for reconsideration within 30 days. The judge’s reconsideration decision is final and not subject to appeal. 

What do I do after I obtain a Name Change Order from the clerk?

The responsibility falls on the person changing their name to update their proof of identity and records, such as:

• Social Security card
• driver’s license or state ID
• passport
• bank accounts and financial records
• employment records
• insurance policies
• property titles and deeds
• voter registration

If you are interested in changing your name or that of your minor child, Touchstone Family Law is here to help. Navigating the legal name change process requires attention to detail and compliance with North Carolina law. Having an attorney ensures the process is done correctly. Our attorneys can assess your situation and likelihood of success, assist with application preparation, publication management, background check coordination, and the execution of required affidavits. Contact Touchstone Family Law to start your name change process today.