Name Change, or Resumption of Marital Name after a Divorce

Following a divorce, it is common for one of the parties, usually the woman, to revert back to a former surname if she chose to adopt her husband’s surname at the time of their marital union.

Any woman whose marriage is dissolved by a decree of absolute divorce may, upon application to the clerk of court of the county in which she resides or where the divorce was granted setting forth her intention to do so, change her name to any of the following:

  1. Her maiden name; or
  2. The surname of a prior deceased husband; or
  3. The surname of a prior living husband if she has children who have that husband's surname.

Although less traditional, a man may also legally adopt his wife’s surname as his own at the time of marriage, which means that of course, following a divorce, he may also choose to revert back to a former surname.

A man whose marriage is dissolved by decree of absolute divorce may, upon application to the clerk of court of the county in which he resides or where the divorce was granted setting forth his intention to do so, change the surname he took upon marriage to his pre-marriage surname.

The name change may also take place by setting forth the same intention in the complaint. or counterclaim for divorce filed by either party. The court is authorized to incorporate in the divorce decree an order authorizing the person to adopt that surname.

If you would like further information about changing your name, or have questions regarding your individual situation, please contact us today to schedule a consultation with one of our experienced family law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.