North Carolina Name Change Process

To secure a legal name change in North Carolina, the applicant must first give 10 days notice of the application. The name change statute describes this as “publication at the courthouse door.” In practical terms, this means filed with the Clerk of the Court and posted on the courthouse bulletin board. 

 

When the notice has been published for 10 days, the applicant may file a petition to change their name. The petition must be accompanied by two affidavits of good character from unrelated residents of the county where the petition is filed. A criminal background check will also be required. If the Clerk finds no cause to deny the petition, they will sign an Order and Certificate of Name Change. 

 

However, a name change typically won’t be allowed if it appears that the name change is being requested for deceptive or fraudulent purposes. North Carolina also prohibits registered sex offenders from legally changing their names. 

Changing a Child’s Name 

The process for changing a child’s name is slightly different. First, changing a child’s name typically requires the consent of both parents, even if the parents are not together and one parent has full custody. There are a few exceptions to this rule, including: 

 

• The custodial parent may petition to change a child’s name without consent of the other parent if the other parent has abandoned the child

• A child 16 or older may petition to change their own name with the consent of the custodial parent if the other parent has abandoned them

• A parent may petition to change a child’s name without consent of the other parent if the other parent has been convicted of certain crimes against the child or a sibling, such as child abuse, indecent liberties, incest, assault, or any other sex offense or crime of violence

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Special Rules for Victims of Domestic Violence and Certain Other Crimes

 

North Carolina name change law, like the laws of most states, is designed to ensure that a name change isn’t used to evade debt collectors, child support obligations, legal authority, and others with a legitimate interest in locating a person. However, in some cases, the purpose of a name change is to make it difficult to find the applicant. 

 

An applicant who has been a victim of domestic violence, stalking, or any sex offense is excused from the publication requirement before petitioning for a name change. In addition, the file will not be a matter of public record, and information regarding the name change will be available only with the applicant’s consent or with a court order. 

 

Changing your name in North Carolina is a technical process that depends on fulfilling specific procedural requirements at every step and providing complete and accurate documentation. An experienced name change attorney can be your best resource. 

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Frequently Asked Questions about North Carolina Name Changes

  

How long does a North Carolina name change take? 

The exact amount of time it takes to change your name depends on a variety of factors, including whether you provide complete and appropriate documentation with the petition, how long it takes to get your criminal background check, whether your petition raises any concerns, and even how busy the court is. Generally, the process can be completed in a few months.

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Can a minor petition for a name change? 

Generally, no. Typically, a parent must petition to change the child’s name, and in most situations the consent of both parents is required. Under certain circumstances, a minor who is at least 16 years of age may petition for a name change. However, parental consent is still required. 

 

What happens after a legal name change? 

Receiving an order legally changing your name isn’t the end of the process. You’ll have to change your name with various governmental entities, such as the Department of Motor Vehicles and the Social Security Administration. You’ll also have to update your name with your financial institutions and your employer. Depending on your circumstances, the list may be long. Your name change attorney can discuss this with you in more detail to help ensure that you make all required changes.