How to Get a Legal Name Change in North Carolina (NC)

Whether you just got married (or divorced), want a name that matches your gender identity, or simply want to leave the past behind, there are many reasons you might wonder how to legally change your name in NC. Depending on your situation, it can be complex, but with the right guidance, nearly any adult can change their name in North Carolina.

Name change after marriage in North Carolina

The process for how to legally change your name in NC after marriage is one of the most straightforward: You can do it when you apply for your marriage license.

• Obtain and fill out a marriage license application.
• List your preferred married name on the application.
• Receive your license and get married (note that a license is only good for 60 days).
• The officiant will sign the license and return it to the Register of Deeds within 10 days.

 Your signed marriage license is documented proof of your name change. You can use it to change your name on your Social Security card, driver’s license, and birth certificate.

Name change after divorce in North Carolina

A North Carolina legal name change is also easy after a divorce: You can take care of it during the divorce proceedings.

• If you filed the Complaint for Divorce, include the request for the name change on the complaint.
• If your spouse filed the initial complaint, you can file a Counterclaim for Divorce to request a name change.

 Under North Carolina law, a man can change his last name back to his former name before he got married. A woman can change her name to:

• Her former name (maiden name)
• The last name of a prior husband who is now deceased
• The last name of a living prior husband if her children have that name

 Your name change will be included in the divorce decree. Like your marriage license, you can use the divorce decree as documented proof of your new name when you change your birth certificate, driver’s license, and Social Security card.

 If you didn’t request a name change as part of your divorce, don’t worry. There’s another method for changing your last name in NC after a divorce: Complete an Application/Notice for Resumption of Former Name and submit it to the civil clerk in your county. (This is also the form you use to change your name after the death of a spouse.)

How to petition for a name change in NC

Outside of marriage and divorce, the NC name change process involves petitioning the court. You’ll need to complete the following steps, and it can be a lengthy legal process.

Step 1: Post a notice of intent

First, fill out a Notice of Intent to Change Name and submit it to the civil clerk in your county, who will post it on the Superior Court bulletin board. It needs to remain posted for 10 days (if the 10th day isn’t a business day, leave it up for one more day). After 10 days, the clerk will “clock” your notice or put a time stamp on it. Save this copy to submit with your other legal documents.

 You can skip this step if you’re a victim of stalking, domestic violence, or a sexual offense. You’ll check a box when you submit your application and submit evidence like court records or police reports.

Step 2: Get fingerprints and background check

You’ll also need to be fingerprinted and have background checks done by the Federal Bureau of Investigation (FBI) and the state bureau. First, go to your local police station and have your fingerprints taken. They’ll give you a fingerprint card, which you’ll need to submit for your government agency background checks.

 For your state background check, fill out a Right to Review–Request Form on the North Carolina Bureau of Investigation website, attach your fingerprint card and mail it in. For your FBI background check, visit the Identity History Summary Check portal to learn what to do. You may be able to complete the application online, which is much faster.

Step 3: Fill out and submit your legal documents

You’ll need to submit the following documents to the county clerk to get a name change in NC:

• Your Application for Adult Name Change, where you’ll also need to list your tax and child support obligations or state that you don’t have any.
• Two Affidavits of Good Character signed by two different adult residents of the same county as you, who are not family members.

Both of these documents must be notarized. Once you’ve filled them out, get together the rest of your paperwork:

• The “clocked” copy of your Notice of Intent
• FBI and North Carolina Bureau of Investigation background checks
• Fingerprint card
• Certified copy of your original birth certificate
• Driver license with your current address
• Utility bill or bank statement with your name and current address

 Bring it all to the county clerk to officially file for your North Carolina name change.

Step 4: Clerk review and approval

Under North Carolina law, the clerk of court in your county will review your application for a name change (in some states, a judge reviews name changes). A name change in NC will typically be approved unless the clerk finds “good and sufficient reason” to deny it. This might include if you have debts, have lawsuits or judgments against you, intend to defraud others, or lied on your application.

 If your name change is approved, the clerk will issue and sign several copies of an Order and Certificate of Name Change. A copy will be mailed to you, another will go in the court file, and they’ll send copies to the North Carolina Vital Records Office and the Department of Public Safety. You’ll also want to get your own certified copies, which you’ll use in the next step.

Step 5: Change your name with important government agencies

You’re done with the court process for how to legally change your name in NC—but you still need to change your name on your important records.

• Social Security card: Go to your local Social Security Administration (SSA) office with proof of your name change, identity, age, and citizenship.
• Driver license: Bring proof of your name change and a notarized license application to your DMV office within 60 days. The DMV office will also confirm your name change with the SSA.
• Birth certificate: File a Birth Certificate Modification Application with the Vital Records Office, and they’ll mail you a new one.

Name change of a minor child in North Carolina

Only parents or legal guardians can change the name of a minor child in North Carolina. According to North Carolina General Statutes §101-2(d)(1-3), both parents must sign consent forms unless one parent has abandoned the child or been convicted of abuse or sex offenses against the child. If the minor is under 16, they won’t need to undergo a background check or submit Affidavits of Good Character. Otherwise, the NC name change process is the same as for an adult.

Where to update your name after a name change in NC

Take care of the above three documents first, as you’ll need them to then update your name in other places. It’s helpful to create a name change checklist that includes the other records to update:

• Bank accounts
• Brokerage accounts
• Credit cards
• Government benefits
• Passport
• U.S. Postal Service
• Veteran’s benefits
• Voter registration

 Have more questions about how to get a name change in NC? There’s a lot to keep track of during the legal process, and having an attorney’s guidance can be helpful. Our Legal Name Change service helps you make sense of it all, drafting your documents, guiding you through the process, and giving you peace of mind as you start your new chapter in life.

FAQs

How much does it cost to change your name in NC?

If you’re changing your name due to marriage or divorce, there’s a $10 application fee. If you’re filing an Application for Adult Name Change, the fee is $120. There might also be fees to update your name with various government agencies and other organizations.

Are there any restrictions on changing my name in NC?

Yes. Registered sex offenders can’t get a name change in North Carolina. Under NC law, the county clerk can also deny a name change if they have reason to believe you’re doing it for illegal reasons, like to defraud others, escape from debts or child support, or avoid going to jail. Adults can only change their names once, while minors can change it twice.

How long does the name change process take in NC?

The NC name change process can take up to four months or longer if the courts in your area are backed up or you have to submit a lot of items by mail. The FBI background check alone can take up to two months if you have to submit it by mail. Working with an attorney can help you make sure you don’t make any mistakes, which can draw out the process even more.