How To Change Last Name In Nc
Updated December 03, 2021
A North Carolina name alter form can exist used by residents to legally change their name. All the same, when getting married or divorced, individuals merely need a copy of their union document or divorce decree to modify their surname. For whatsoever other proper name change, individuals will need to post a Notice of Intent to File Name Change and file a petition, several notarized affidavits, and a criminal groundwork bank check with their county County Clerk's Office. In this state, the process for changing the name of a modest of less than sixteen (16) years of age is unlike from a pocket-sized who is 16 (sixteen) or seventeen (17) years onetime. Younger minors must have a parent petition for their name change, whereas minors who are at least 16 (16) years old can submit a petition for themselves. Procedures for changing your name can be unlike depending on the county in which you reside, so y'all should always check with your county court to verify the required forms and fees.
Laws – § 101-2 to 101-eight
Proper noun Alter After Marriage
In North Carolina, all that you need to modify your surname when getting married, all that is required of y'all in order to alter your surname is a certified copy of your marriage certificate. Yous have the option of either taking your spouse'south name or creating a hyphenated name. Furthermore, you are permitted to accept a different proper noun on your identification than the one that you lot use socially or at the workplace. Your marriage certificate can be picked up within upwardly to 10 (10) days of your wedlock being recorded. You will need to request a certified re-create of your document from the Register of Deeds for your canton (expect to pay a $10 fee for each copy). By using this document, you lot will be able to change the proper name on your social security menu, commuter'southward license, depository financial institution accounts, and passport.
Proper name Modify After Divorce
To revert to your maiden name during a divorce, all you demand to practise is request the proper name change in your divorce complaint (or reply to a complaint) and the change will exist included on your divorce prescript. Once your divorce is final, you may obtain certified copies of your divorce prescript from the office of your District Court to update your identification, registrations, passport, etc. (if you lot live in Eastern District of North Carolina click here for a list of Clerk's Offices). Even in the result that you did not include a name change in your divorce decree, you tin still resume the use of a previous surname without whatever farther court process. To resume using a previous surname, go to your local Clerk's Office with a copy of your divorce decree and request to take your maiden proper noun or previously married proper noun restored. You will exist charged for this service. Using a re-create of your divorce prescript and the document which the Clerk gives to y'all, yous volition be able to restore your maiden name.
Adult Proper name Modify (No Matrimony or Divorce)
In Due north Carolina, any adult person who is at least eighteen (18) years of historic period tin petition the courtroom to let their name to be inverse. However, residents are just permitted to change their name i (1) fourth dimension. Furthermore, they cannot modify their name as a registered sex offender or if they are attempting to escape debts or a criminal record. Although the approval process in Due north Carolina is relatively quick, residents must undergo both a federal and land criminal groundwork bank check before they can file a Petition for Proper noun Modify with their county courtroom.
Step 1 – Fingerprinting at Sheriff'due south Role
To receive your mandatory criminal history cheque, you will need to go to your local Sheriff'south Department and take your fingerprints taken. Be prepared to pay a fee of around $ten by coin order or cash. A staff member will requite yous a fingerprint card to consummate. Upon completion, you will be given your original fingerprint card, which you will submit for your FBI criminal tape cheque.
Stride 2 – North Carolina Criminal Groundwork Cheque
For the State Bureau of Investigation (SBI) background check, complete the Criminal History Request Grade and attach it to a copy of your driver's license and birth certificate. Enclose these documents, along with a certified cheque or coin order in the amount of $xiv (payable to the North Carolina State Bureau of Investigation), and mail it to the address below.
North Carolina State Bureau of Investigation
Criminal Information and Identification Section
Attention: Application Unit – Right to Review
3320 Garner Road, P.O. Box 29500
Raleigh, NC 27626-0500
Pace 3 – FBI Criminal Background Check
Your federal criminal record check can be performed either online or by postal service.To request your FBI criminal background cheque by postal service, showtime yous will need to fill out the Applicant Data Form. In one case you have filled out this certificate, enclose it in an envelope with a Credit Card Payment Form, certified cheque, or money order for $18 (payable to the Treasury of the The states).
FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306
After receiving your request, depending on whether or not yous have a criminal history, the FBI will either send you a notice stating that no prior arrests were establish or they will evangelize an Identity History Summary, which details your arrests and criminal record.
Footstep 4 – Notice of Intent to File Proper name Change
The Notice of Intent to File Name Change is one of the forms that you must fill out in order to file a name modify petition. Once you have filled information technology out, you lot will need to submit it to your county courthouse to exist posted on a bulletin for ten (10) sequent business days. If yous have a legitimate concern for your safety in regards to making your name modify public, you lot may be exempted from this requirement.
Step 5 – Petition for Name Change
Next, fill out the Petition for Name Change. Your petition is the legal document that formally requests that the courtroom approve your name change and indicates your reason(s) for making the change. This course requires information from your original birth certificate.
Step 6 – Affidavit of Graphic symbol
When you submit your petition, you will need a signed and notarized Affirmation of Grapheme from two (ii) adults who are residents of your county and are not members of your family. Both individuals must vouch for your good grapheme in writing and sign the document in the presence of a notary. Although near counties apply this requirement, information technology is non written into law and therefore, your canton may not mandate the submission of these forms.
Footstep vii – Affidavit Regarding Outstanding Taxation or Child Back up Obligations
Fill up out the elevation department of the Affidavit Regarding Outstanding Revenue enhancement or Child Support Obligations, leaving the date and signature fields blank (note that you volition need to impress out the document in social club to circle certain answers). The bottom portion of the affidavit should be filled out in front end of a notary who must provide their signature and notary seal. This certificate attests that you lot are a resident of the county in which you are filing and that you accept no outstanding tax or child support payments.
Step 8 – Notary Verification
In one case completed, you volition demand to get your Petition for Name Change and Affirmation Regarding Outstanding Tax or Child Support Obligations verified past a notary public. Notary publics tin be found at about banks during standard business hours, ofttimes for a small fee. Bring all of your proper name modify documents and the Notary Verification form, unfilled. See the notary in person and place yourself to them before showing them your completed forms. At this juncture, sign the Notary Verification form (and affidavit) where indicated and give the course to the notary, who will and then sign, engagement, and stamp the document, thus providing their verification.
Step 9 – File Petition for Name Change
Bring all of the documents listed below as a bundle and file them at the Clerk of Court'due south office in your county (for a list of Clerk's Offices in the Eastern District of N Carolina click here).
- SBI Criminal Background Check
- FBI Criminal Background Check
- Verified Petition for Name Change
- Ii (2) verified Affidavits of Character
- Verified Affidavit Regarding Outstanding Tax or Kid Support Obligation
- Nascency certificate (Certified Re-create)
- Photo ID
- Proof of address (utility bill, depository financial institution statement, government cheque, etc.)
- Filing fee in cash or money order
- Self-addressed, stamp paid envelope (to accept your court order mailed to y'all)
Footstep 10 – Pay the Filing Fee
Filing fees are non compatible beyond all counties, so you will need to verify the price of your name change in order to set up the proper amount in greenbacks, or as a certified bank check or money lodge.
Step xi – Receive Order and Certificate of Proper noun Modify/Attend Possible Hearing
After the filing of your petition, as long as there is no objection to your proper noun change, the Clerk will approve your petition and send you a courtroom club and Certificate of Name Alter. You volition be able to utilize this certificate to update your passport, commuter'south license, social security, and other places where you lot are registered under your prior name. In some instances, you may exist required to attend a hearing, in which case you volition exist given discover of when it will take place. Be sure to bring all of your name change documents to your hearing. The Clerk has the right to refuse your request, fifty-fifty if your petition was filed correctly.
Driver'southward License
In North Carolina, you must apply for a new driver's license within sixty (threescore) days of having your proper noun changed. Earlier this can be done, your identity with the Social Security Agency must already be updated. To go a new driver's license, y'all volition need to present yourself at a DMV part with a copy of your proof of proper noun change, your current driver'south license, and cash or a money order to pay the fee ($13 at the fourth dimension of this writing). For your proof of name change, you volition need a certified copy of the certificate which authorizes your new name; either a divorce prescript, union license, or court order. Once you lot have submitted the relevant documents and paid the required fee, you will be issued a temporary license and sent your new ane by postal service once it has been prepared. You may be required to have a new photograph for your license at the DMV office.
Voter Registration
After your proper name has been changed, yous will need to update your voter registration in order to participate in whatsoever upcoming elections. In addition to needing a photo ID and SSN with matching identities, your voter registration must bespeak your new name. You lot can achieve this by filling out a Voter Registration Grade (indicating your previously registered proper name in section vii (7)) and submitting information technology to your local elections function or to the N Carolina State Board of Elections Part (accost below).
NC State Board of Elections Role
P.O. Box 27255
Raleigh, NC 27611-7255
Pocket-size (Child) Name Change
To alter the name of a minor who is less than sixteen (xvi) years of age in Northward Carolina, ane or both of the child's parents must submit a petition to their county courtroom. If only i parent signs the petition, they volition need to obtain written consent from the other biological parent and file it with their petition. For a request to be approved, the reasons for making the proper noun change must be clear, such as adoption or for a stepchild. A small who is xvi (16) or seventeen (17) years onetime may petition for themselves, but they notwithstanding need to obtain parental consent. Furthermore, they will demand to obtain 2 (two) affidavits from non-family unit members that tin can vouch for their adept graphic symbol. Minors who are sixteen (16) or seventeen (17) years old may besides be asked to submit to a criminal record cheque.
Step i – Notice for Name Change of Pocket-size
Before filing your child's name change asking, you will need to mail service a notice of your intent to change the pocket-size's name in your county courthouse. Fill up out the Observe for Name Change of Modest and give information technology to your local courthouse's office for them to timestamp and mail on their bulletin lath. Once the notice has been posted for ten (10) consecutive business days, yous tin can file your petition to change the name of your child with the Clerk's Role.
Pace 2 – Petition for Name Change of Minor
The Petition for Proper noun Modify of Minor is the document with which you will make the formal request a name change for your child. In this document y'all will describe your relationship to the kid and your reasons for changing their name. If the minor's other parent is participating in this asking, they must also provide their signature
Step 3 – Obtain Consent
In North Carolina, every bit long as both parents are alive, they must both give their consent in guild for a small's name to exist inverse. If the other parent has been runaway in paying kid back up services, or can otherwise be proved to take abandoned the kid, the petition may proceed without their consent. Furthermore, if there is a business concern for your or your child's condom, this requirement may exist waived. However, the Clerk of Courtroom may contact the other parent with a mailed discover in cases where in that location is an abandonment claim. To obtain the other parent's written consent, have them fill out the Affidavit of Parental Consent and have it notarized.
Footstep 4 – Affidavit of Graphic symbol for Small Kid Name Change
If the small-scale is 16 (16) or seventeen (17) years old, they will demand to have ii (2) non-family members fill up out and notarize the Affidavit of Character for Minor Kid Name Change. In this document, they must attest to the expert character of the modest.
Step five – Affidavit Regarding Outstanding Revenue enhancement or Child Support Obligations (Small)
Make full out the Affidavit Regarding Outstanding Taxation or Child Support Obligations up until the engagement and signature fields, which must be filled out with a notary. This document will adjure to whether or not yous have any unpaid taxes or kid back up payments. If both parents are petitioning, both demand to consummate and notarize this document.
Step 6 – Notary Verification
In addition to having the Affidavit Regarding Outstanding Revenue enhancement or Child Support Obligations notarized, y'all will also need to fill out the Notary Verification course (which must exist signed and dated in front of a notary). If the other parent signed the petition, they will also demand to complete this verification form. Have the documents signed in the presence of a notary public. The notary will then provide their notary seal and signature, at which point you will take obtained the necessary notary verification.
Step seven – Application for a Copy of a North Carolina Birth Certificate
If the minor was born in North Carolina, you need to fill out the Application for a Copy of a Northward Carolina Nascence Document in order to change their official name. This form will exist filed along with the petition and other name alter documents.
Step 8 – File Petition for Proper noun Change
Compile all of the documents listed below into a bundle and file them at your county court Clerk'south Part (click hither for a list of Clerk's Offices in the Eastern District of Due north Carolina).
- Notice for Name Change of Minor (from courtroom message)
- Petition for Proper name Change of Modest
- Notary Verification
- Affidavit of Parental Consent
- Two (ii) Verified Affidavits of Character (if minor is sixteen (16) years of age or older)
- Verified Affidavit Regarding Outstanding Revenue enhancement or Kid Support Obligations
- Copy of your birth certificate
- Photograph ID
- Proof of accost (utility bill, depository financial institution statement, government check, etc.)
- Filing fee in cash or coin order
- Self-addressed, stamp-paid envelope (to have the court order mailed to you lot)
The procedure and fees for filing a name change petition for a modest may differ from one canton to another, so it is of import to verify that you do not require any additional or alternative forms to file your request.
Step ix – Pay the Filing Fee
When you lot file your petition, you will be asked to pay fees for filing, for receiving a new nascency certificate and for any certified copies that you lot may need. Payments are ordinarily only accepted every bit a certified check, coin order, or cash.
Footstep 10 – Receive Order and Document of Name Change/Attend Possible Hearing
You may be required to attend a hearing regarding your kid'southward proper name modify. If then, you lot should bring copies of all your documents (you may also need to obtain a courtroom lodge and document from the Clerk'south Office) and get in on time. You will be called upon to explain why the kid's name is being changed. If the petition is approved, you volition exist given a signed court order and certificate authorizing your child's name change. If you requested a new birth certificate, you volition exist issued this as well. For most cases, every bit long as there is no objection from a non-consenting parent and all your paperwork is properly filed, a hearing won't be required, and you will merely exist issued the court order and Certificate of Name Modify.
Source: https://eforms.com/name-change/nc/
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