A Guide to Name Change Law in North Carolina
The process of legally changing your name in North Carolina is governed by a specific set of state laws and requirements. The relevant statutes are found in § 101-7 through § 101-14 of the North Carolina General Statutes, which outline the legal grounds for name changes, as well as the procedures to be followed and the necessary documentation required.
The key provision is § 101-7, which allows a resident of the state to file an application with the appropriate authority, such as the District Court in the county where the applicant resides. The statute provides that the application must be filed "within ten days after the date the order is obtained." This requirement is intended to avoid any potential fraudulent or nefarious uses of name changes to evade detection in certain circumstances , such as court proceedings or law enforcement.
Once the application has been filed and any other requirements satisfied – such as waiting for the required thirty-day period between the filing of the petition and the hearing date – a judge or clerk will sign an order restoring the applicant’s birth name if the conditions are met. The requirements to qualify for such an order include not having been convicted of a felony, not having been declared incompetent to handle one’s affairs, and/or not having a pending claim against one’s name-change application by a law enforcement agency or the attorney general.
In addition to this, it is required that an affidavit be provided that attests that no other actions are pending for either a name change or similar relief. This affidavit is in § 101-11 and requires that if a name is changed and the applicant later wishes to change it again, under § 101-12, then another application for a name change must be filed. Other statutes within this series provide for the requirements surrounding petitions by non-residents and the processes to be followed, depending on the individual circumstances.
Why Do You Need a Legal Name Change?
There are countless reasons why a person might need to change their name. It could be as simple as a preference for a different spelling or pronunciation, or as profound as an issue of identity or safety. Or, it could stem from a significant life event that alters your marital or familial status.
Here are few common reasons that would necessitate a legal name change in North Carolina:
Marriage or divorce
Marriage and divorce are two of the most common reasons to go through the legal name change process. On one hand, after marrying, you may choose to take your spouse’s last name (or vice versa). On the other, in the case of a divorce, you may choose to revert back to your maiden name. Either way, you’ll need to follow the legal processes in North Carolina to update your name with the appropriate agencies. Simply telling people your new name is not enough. You must notify the Social Security Administration (SSA), Division of Motor Vehicles (DMV) and relevant credit agencies to avoid confusion and complications later.
Personal choice
Legally, you can pick a name at any time in your life. You may just have been born into a name that isn’t right for you. In this case, you have the right to change your name to whatever you want, as long as it’s not in conjunction with the intent to commit fraud or other illegal activity. However, as with any name change, you must go through the appropriate legal channels to get your name recognized in the eyes of the state and federal government.
Today, in the age of social media and digital accounts, a name change isn’t just about how you’re officially identified on your driver’s license or Social Security card. It’s about updating your name on social media, email and other online platforms as well. A swift name change may in fact be more essential in this digital age than it was in the past. Even after you’ve legally changed your name, you may have to wait until current contracts (such as cell phone or cable contracts) expire before changing your name on those accounts.
How to Legally Change Your Name
Before initiating the process of legally changing your name in North Carolina, make sure you’re not subject to any ban on name changes. To that end, if you are a convicted felon who has not been pardoned, you must obtain a Certificate of Restoration of Rights from the State of North Carolina, which will allow you to file a request for a name change. NC Gen. Stat 13-1(c) and N.C.G.S.A. § 5A-18(a). If you are a sex offender required to register in this state, you also cannot legally change your name. N.C.G.S.A. § N.C.G.S.A. § 14-208.9.
The process to legally change your name in North Carolina consists of filing a petition with the Clerk of Superior Court in the County where you reside, obtaining a court order and requesting a new social security card or driver’s permit. This section provides a step-by-step overview of this process.
Once you have confirmed that you are eligible to file your petition to legally change your name, you will need to obtain an AOC form called "Notice of Hearing & Petition to Change Name of Adult" (AOC-CV-620). This form is available online at the North Carolina Court System website or can be obtained at the office of the clerk of superior court in your County. The "Notice of Hearing & Petition to Change Name of Adult" form requires you to provide your current name, the name you wish to change it to, your date of birth, your address, and the reasons for your name change.
You will also need to file an "Application to Put Defendant’s Name on Appearance Docket" (AOC-G-100) with the Clerk of Superior Court.
If you have not been convicted of a felony or are not subject to any other restrictions on granting your name change, the Clerk of Superior Court will sign and file the "Notice of Hearing & Petition to Change Name of Adult" after you pay the filing fee. However, if your petition is denied, the Clerk of Superior Court will notify you and will instruct you to re-file the petition after a certain period of time (usually six months). You should not try to re-file the petition before you are given permission by the Clerk of Superior Court, or your petition will be denied.
After your petition to change your name is approved, you need to wait at least ten business days before you file a "Judgment on Petition to Change Name of Adult" (AOC-G-106). This form is also available online at the North Carolina Court System website or can be obtained at the office of the clerk of superior court in your County. Your petition must be filed at least ten days before the hearing regarding your name change. After receiving approval of your petition, you may also want to file a record of your name change with the Register of Deeds in your County.
After you receive your "Judgment on Petition to Change Name of Adult" from the Clerk of Superior Court, you must file a petition for a new social security card with the Social Security Office, and a petition for a new Driver’s permit or license with the N.C. Department of Motor Vehicles. The forms for both are available online. You should not attempt to do this without a copy of your appropriate judgment.
Petition to File: Plus Documents Needed
The next step in the name changing process is to prepare and file everything necessary for the Petition for Name Change.
Instructions:
Pursuant to N.C.G.S. § 101-1/2, you must file your Petition for Name Change in the county where you’ve lived for the past 2 years. You must also prepare and file a Cover Sheet with your Petition for Name Change and provide a time-stamped copy of your filed Cover Sheet and Petition to the clerk in your county courthouse. The cover sheet can be found online at http://www.nccourts.org/Forms/Documents/CoverSheet.pdf. You may need to modify the cover sheet to fit your needs, but it is a good outline and checklist of the materials you will need to be prepared and file with the court. The following documents are required by North Carolina law to be filed with a Petition for Name Change: A filing fee is also required when you commence a lawsuit with the Petition for Name Change. The filing fee is generally $200; however the filing fee in district court may vary from $100 to $200 because it varies by judicial district pursuant to N.C.G.S. § 7A-305(a)(4).
Show Up: The Court Hearing
It’s not a courtroom in the movies, but you will be under oath and in the presence of a judge. In fact, there are several pieces of information, relevant to how to handle yourself during this process.
All parties asking to change their names in North Carolina must attend the court hearing to obtain the final order. You will be under oath. You can either go in front of the clerk of court or a judge. It doesn’t really matter who it is. Don’t bring an attorney with you (at least for your own name).
The room will be set up with the judge (or clerk of court) sitting at the front in a raised dais. You will usually sit next to your family, if you have them with you. The judge will call you up and ask you some questions based on the information in your petition and your fingerprint card. If you are there with another party (and you might be), they will also ask questions about your name change. You will testify under oath that all of the information you provided is true. In fact , you will say that you get all of your information for the petition from your own knowledge, and that you have no other sources of information. Don’t take this the wrong way, it just means you are swearing that all of the information in the petition is correct, to the best of your knowledge. Never lie in court. If you have lied on your fingerprint card, tell the judge that you are changing your answer. At this point, you cannot change your fingerprint card without a positive drug test, and you want to avoid fraud.
Listen to what the judge asks, and be brief with your answers. Give only the information that you are asked for, and don’t provide additional information. Like lawyers on tv, you will probably be asked to state your name, but the judge won’t let you answer the question. Try not to get offended, and don’t explain why. Just follow the procedure as it is laid out for you.
The whole process, including waiting in the lobby, should take less than an hour.
After It’s Granted
Once you legally change your name, the process is not over. You are now tasked with informing the relevant institutions of the change. It can be a lengthy process, but it’s usually pretty straightforward. First, go back to the court that granted the name change. Request certified copies of the name change order. While there is usually no charge for these in the private context, the cost can be significant in the context of a name change in a criminal case. (That said, I suspect clerks’ offices may waive the cost.) You will have to show ID to the clerk and pay, in the private context, $0 to $10 per copy requested. The clerk must keep the original. Once you have these certified copies, you will use them to amend your Social Security number and get a new driver’s license. Typically, you will need one for each process. Notify financial institutions and credit agencies. The process of notifying credit bureaus of a name change is not defined in federal law, so the process may vary by institution, but it’s a good idea to inform them anyway. If you have credit cards, loans, and the like, this is especially important. Many institutions require proof of a name change by providing a copy of the order. This is the same for bank accounts. It is also generally necessary to inform brokers and retirement plan custodians. This is the most time-consuming step. The Bureau of Consumer Finance Protection has some tips, including about checking and correcting your credit report. If your business license has your old name on it, you’ll need a copy of the order to get it updated, too. If you’re a licensed professional, contact the applicable state licensing boards or trade associations to update your name. These organizations typically require a copy of your order, a new application, and/or a supporting application fee. If you don’t have a passport, you’ll need a copy, filled-out passport application form, and a passport photo in addition to a copy of the order. If you do have a passport, you’ll need a copy of your order and a passport application form; there is no fee. Since you’re not legally required to change your passport after a name change, you should consider whether doing so is in your best interest if you will be traveling within the next 12 months. Consider your expected travel destinations and any visa requirements you may have. Your employer will almost always require a copy of your order. For employment purposes, it’s best not to change your name on your credit report or your credit cards if you have them. It might come up if you misplace your ID or forget to update it. A credit card can work as a secondary form of identification. If you moved since your order, alert the Department of Motor Vehicles of your change of address. Generally, you cannot apply for a new license until you receive a new Social Security card with the change. The easiest way to notify the United States Postal Service is by submitting a change of address form. If you aren’t already receiving your mail at your new address, it may be worth considering to obtain the benefits of notifying the USPS.
Pitfalls & What to Do
When considering a name change in North Carolina, you may encounter several potential challenges that can seem like hurdles on your journey. Understanding these bumps in the road and how to overcome them can save you time and frustration.
Scams and Fraudulent Services One of the most common challenges is facing scams and fraudulent services that promise quick results for a fee. It’s essential to research any service you consider using before paying for assistance. Read reviews, check for proper credentials, and consult with friends or family who have used the service. Your best source of information should be a lawyer with experience in family law and name changes.
Delays in Processing Another issue that may arise is delaying the processing of your name change request. This situation can often be avoided by being as organized and prepared as possible. Providing all necessary documentation with your initial application will significantly cut down on processing time. Also, filing your paperwork with the proper jurisdiction will eliminate unnecessary delays .
Potential Objections While rare, it’s possible that someone may object to your name change, usually not related to your name but to yours. For instance, if you have a criminal conviction, victims may want to ensure you don’t change your name in order to avoid consequences. In this case, a victim may be a parent or spouse of a child or woman, or victim of a crime you committed. To combat these objections, make sure you have legal representation and that they have documentation showing your rehabilitation.
Insufficient or Inaccurate Information Problems may also arise if information’s not correctly included in your application or if the information’s insufficient. You can avoid these issues by always consulting with an attorney prior to completing your application. In some cases, when issues arise and you’ve exhausted all your other options, you may need to file a motion and go to court to prove that your requested name change is appropriate to save months of work and effort.
Even though challenges can arise during this process, with the right guidance, patience, and planning, you can legally change your name in North Carolina.