Divorce is a major life transition, and many people choose to revert to a former name or adopt a new surname once it’s final. In North Carolina you can legally change your name either during the divorce or after it is granted.
The simplest way is to ask the court to restore your previous name as part of your divorce case. In your divorce complaint (or counterclaim), you can include a request to “resume” your former (e.g., maiden) name. If the judge grants it, your divorce judgment will explicitly order the name change. This means once the divorce is final, the attached judgment serves as proof of your new legal name.
If you didn’t request a name change in the divorce papers (or you need a different name than those listed under N.C. Gen. Stat. § 50-12), you can still change your name afterward. North Carolina law provides a special procedure for this.
You can file an Application/Notice of Resumption of Former Name with your county Clerk of Superior Court (Form AOC-SP-600) after your absolute divorce is granted. This form lets you officially “resume” your maiden name, premarriage name, or certain other surnames specified by law (for example, a previous husband’s name if you have children by him).
The form acts as both your notice and your petition, and must be filed (with a small filing fee) in the county where you live or where your divorce was granted. The Clerk will process the request and issue an order approving the name change if all requirements are met.
Alternatively, if you wish to take any new name (not covered by §50-12), you must file a regular name-change petition under Chapter 101 of the General Statutes. This involves filing a written petition with the Clerk of Court, posting a notice on the courthouse bulletin board for 10 days, and attending a brief hearing.
For a general adult name change, state law requires you to show “good cause” and submit an application with supporting documents (petition, affidavits, birth certificate, fingerprint/records check, etc.). These forms are available on the North Carolina Judicial Branch website. However, for most recently divorced people simply returning to a former name, the resumption form is faster and less involved than a full name-change petition.
Step-by-Step Guide
Complete Your Divorce (if not already)
If you want the name change right away, be sure to include it in your divorce pleadings. In the divorce judgment, look for the clause that restores your former name.
After the final hearing, obtain a certified copy of the Judgment and Decree of Divorce from the Clerk’s office. This certified decree (or the clerk’s name-change order) is your proof of the legal name change.
File for Name Change (if needed)
If you’re already divorced or didn’t include the name change, file the Application/Notice of Resumption of Former Name (AOC-SP-600) with the Clerk of Superior Court. Complete the form, pay the filing fee (currently about $10), and submit it.
The form will ask for your divorced name, the date/divorce information, and the name you want to resume. Once the Clerk processes it (often immediately), you’ll receive an order approving the new name. If you needed a different name not covered by resumption rules, follow the general adult name-change process (notice, petition, hearing).
Gather Certified Documents
Whether your new name comes from the divorce judgment or a clerk’s order, get at least one certified copy of that document from the Clerk. You will use this as evidence of your name change.
Also have your original birth certificate, Social Security card, and driver’s license ready for updates. If you used a maiden/birth name at birth and want your birth certificate changed, note that North Carolina Vital Records requires a court order and an amendment application (with a $39 fee) to update a birth certificate.
Update Social Security
First, contact the Social Security Administration (SSA). SSA requires notification of any legal name change so they can issue a new Social Security card. You can use your personal mySocialSecurity account online, or complete Form SS-5 and visit a local SSA office.
Bring your certified divorce decree or name-change order (as proof of the event), proof of identity (e.g. birth certificate or current license), and proof of U.S. citizenship. SSA will record your new name and issue a replacement SSN card. According to the NC DMV, you should update SSA at least 1–2 days before changing your name on your driver’s license, since DMV will verify the change with SSA.
Update Driver’s License and Vehicle Records
Next, visit your local North Carolina DMV office within 60 days of the name change. Bring your current license/ID, the certified legal name-change document (divorce decree or clerk’s order), and the notarized DL-101 form (available at the DMV).
The DMV will issue a replacement license/ID with your new name. If you have vehicles, you should also update your registration and title. Complete the NCDMV Corrected Title Application (MVR-5) and submit it with your current registration, title, and fee – you can do this in person or by mail. This ensures all your NC driving records reflect the name change.
Update Your U.S. Passport
If you have a U.S. passport, you’ll need to notify the State Department. If your current passport was issued less than a year ago, you can use Form DS-5504 (by mail) with your existing passport and a certified copy of the divorce decree or name-change order.
If it’s been more than a year, you can usually renew by mail (Form DS-82) or apply in person (Form DS-11) and include the certified name-change document. In all cases, provide an official copy of the court order or divorce decree showing the name change as proof.
Notify Other Agencies and Institutions
Once your legal documents are updated, notify employers, banks, insurance companies, and creditors of your new name. You’ll typically show them your new driver’s license or Social Security card as proof.
Don’t forget to update your voter registration, passport card (if any), professional licenses, and any other ID cards. Although not a government step, remember to change your name on things like your bank accounts, credit cards, medical records, and utilities so everything matches.
Required Documents
- Certified Court Order or Decree: A certified copy of your divorce judgment (if it included the name change) or the clerk’s name-change order.
- Birth Certificate: Your original birth certificate (if born in NC, you may request an amended certificate from NC Vital Records using the court order).
- Proof of Identity and Citizenship: For SSA and passport updates – e.g. current driver’s license, U.S. passport or birth certificate.
- Completed Forms: SSA’s Form SS-5 (for Social Security), DMV’s DL-101 (license form), passport forms (DS-5504, DS-82 or DS-11), and the clerk’s AOC-SP-600 if filing after divorce.
- Affidavits & Notices: If filing a full Chapter 101 petition, you will need notarized affidavits of good character, a notice of intent posted for 10 days, and a sworn statement regarding residency and obligations. These are not required if using the simpler resumption form under G.S. 50-12.
Helpful Resources
- North Carolina Judicial Branch – Divorce & Name Change Forms: The NC courts website provides the Application/Notice of Resumption of Former Name (AOC-SP-600) and general name-change petition forms. (See “Separation and Divorce” and “Name Change” topics)
- North Carolina DMV – Name Changes: Official guidance on changing your name on driver’s licenses and vehicle titles
- Social Security Administration: Instructions for updating your SSN card with a new name.
- NC Department of Health Vital Records: To amend a North Carolina birth certificate, see NC Vital Records’ instructions for court-ordered name changes.
- U.S. Department of State – Passport Name Change: Guidance on changing the name on your passport after marriage or divorce.
Conclusion
Changing your name after divorce involves a few clear steps, but once completed it can make the transition easier. By filing the right forms with the court and then updating your Social Security, DMV, passport, and other records, you’ll ensure your new name is recognized everywhere.
If you have questions along the way, you can consult the NC courts or speak with a family law attorney, but the above steps cover the general process. Remember, many people have gone through this process, and official resources are available to guide you every step of the way.
Sources: Official North Carolina government and court resources are cited above, including the N.C. Judicial Branch, NC Division of Motor Vehicles, NC DHHS Vital Records, and the U.S. Social Security Administration and State Department. These are current as of 2025.