Going through a divorce means facing change—emotional, legal, financial, and personal. For many people, one of the most symbolic changes is reclaiming their last name. Whether you’re looking to drop your married name, return to a prior name, or reclaim your maiden name, the good news is: yes, you can change your name as part of your uncontested divorce in Asheville. But it’s not automatic, and it does require attention to detail and proper procedure.
In this guide, an experienced Asheville uncontested divorce lawyer walks you through everything you need to know about name changes during an uncontested divorce in Buncombe County—including how to make sure it’s done right, how to update your records afterward, and what to avoid if you want the process to go smoothly.
Name Change in an Uncontested Divorce: Your Legal Right
In North Carolina, the law gives divorcing spouses the right to resume a prior surname during the divorce process. You don’t need a separate lawsuit, petition, or court hearing. The name change can be included right in the divorce judgment.
Under N.C. Gen. Stat. § 50-12, a woman may resume:
- Her maiden name
- The surname of a prior deceased husband
- The surname of a prior living husband (if not barred by other law)
Although this statute uses gendered language, courts have also allowed men and nonbinary individuals to resume former surnames under certain conditions. The key is to request the name change properly at the time of divorce.
An Asheville uncontested divorce lawyer will ensure the request is clearly stated in your filings and reflected in your final divorce judgment, leaving no room for confusion or rejection.
Why Many Clients Want a Name Change
Changing your last name after divorce is a deeply personal decision. Some of the most common reasons people choose to do it include:
- Reclaiming independence and identity
- Creating distance from an ex-spouse
- Wanting consistency with pre-marriage records and documents
- Avoiding confusion in professional or social circles
Others may choose not to change their name—especially if they have children and want to keep the same last name for continuity, or if they’ve used their married name professionally for years.
Whatever your reasons, a good Asheville uncontested divorce lawyer will support your choice and ensure that the name change process is handled accurately and efficiently.
When to Request a Name Change
The easiest and most cost-effective time to change your name is during the divorce process itself. If you wait until after the divorce is finalized, you’ll have to file a separate name change petition with the Clerk of Court, pay another filing fee, and go through an entirely different legal procedure.
Here’s when to make the request:
- In your Complaint for Divorce (if you’re the filing party)
- In your Answer or Acceptance of Service (if you’re the responding party)
- In the Judgment of Absolute Divorce—the final document signed by the judge
If you’re working with an Asheville uncontested divorce lawyer, they will make sure your name change is properly requested at every stage of the case.
How to Include a Name Change in Your Divorce Forms
Here’s how your lawyer will handle the name change request at each step of the process:
1. The Complaint for Divorce
If you’re the one filing for divorce, your lawyer will include a sentence near the end of the complaint that says something like:
“Plaintiff respectfully requests to resume her maiden name of [Full Prior Name] pursuant to N.C. Gen. Stat. § 50-12.”
This tells the court upfront that you intend to change your name, and it ensures the judge can include it in the final judgment.
2. The Answer or Acceptance of Service
If you’re the defendant (the person responding to the divorce), your Asheville uncontested divorce lawyer will include similar language in your answer, stating your desire to resume your previous name. This step is important if you aren’t the one initiating the divorce.
3. The Judgment of Absolute Divorce
This is the most important step. The judge must include a specific sentence in the final judgment to legally grant your name change.
For example:
“It is further ordered that the Plaintiff is permitted to resume the use of her former name: [Full Prior Name].”
Without this language, your name change will not be recognized—even if you asked for it earlier. Your Asheville uncontested divorce lawyer will ensure this is never overlooked.
Common Mistakes to Avoid
Even in uncontested divorces, people make simple mistakes that can prevent a legal name change from going through. Here are some pitfalls your lawyer helps you avoid:
Forgetting to Request the Name Change
If you don’t ask for it, the judge won’t grant it. Judges don’t include name changes by default. The request must be included in your documents.
Misspelling or Incorrect Prior Name
Your judgment must spell the prior name exactly as you intend it to appear on all your legal documents. This includes middle names and hyphens.
Assuming It’s Automatic
Many clients think that getting divorced means their name reverts on its own. It doesn’t. You must get a court order that explicitly states the name change.
Waiting Too Long
If you finalize the divorce and later decide to change your name, you’ll need to start a separate legal process, including a background check and new filing fees. It’s much easier (and cheaper) to do it during the divorce.
What Happens After the Name Change Is Granted?
Once your divorce judgment includes the court-ordered name change, you’ll need to update your name with various agencies and organizations. An Asheville uncontested divorce lawyer can provide a checklist and help you navigate this process.
Here’s where to update your name:
- Social Security Administration (first step)
- NC DMV (driver’s license)
- Passport
- Bank accounts and credit cards
- Employer/payroll
- Insurance policies
- Utilities and cell phone bills
- Mortgage and lease agreements
- Voter registration
- Doctor’s offices and prescriptions
- Professional licenses
You’ll typically need a certified copy of the divorce judgment to complete these updates. Your lawyer will obtain this from the Clerk of Court and provide copies for your records.
Should You Resume Your Maiden Name?
Only you can decide whether a name change is right for you. That said, here are some pros and cons to consider:
Pros:
- Restores your pre-marriage identity
- Symbolizes a new beginning
- Ends confusion with an ex-spouse’s name
- Makes dating or remarriage less complicated
Cons:
- Requires changing many legal documents
- Could create confusion if you have children with your ex
- May impact your professional identity if you built a career under your married name
There’s no one-size-fits-all answer. Talk with an Asheville uncontested divorce lawyer to weigh the benefits and drawbacks based on your goals.
What If You Change Your Mind Later?
If you decide after your divorce is finalized that you want to change your name, it’s still possible—but more complicated.
You’ll have to:
- File a petition for name change with the Buncombe County Clerk of Court
- Submit to a criminal background check
- Pay additional filing fees
- Attend a court hearing in some cases
- Publish notice (in some cases for adult name changes)
All of these steps can be avoided by requesting the name change during your uncontested divorce. That’s why it’s essential to discuss your wishes early with your Asheville uncontested divorce lawyer.
What If You Have Children?
One common concern is whether changing your name will affect your child’s name or custody. Here’s what you need to know:
- Changing your name does NOT change your child’s name.
- Your name change will not impact your custody or visitation rights.
- You can still travel with your children, enroll them in school, and handle medical issues using your legal documentation.
- If you want your child’s name to change, that is a separate legal process requiring court approval and possibly the other parent’s consent.
An Asheville uncontested divorce lawyer will help you understand how a name change fits into your parenting plan and legal responsibilities.
Is the Name Change Public?
Yes. Divorce records, including name changes ordered in the divorce judgment, are public in North Carolina. However, you can keep the number of copies distributed to a minimum, and no formal publication is required as long as the name change is part of the divorce.
If you’re concerned about privacy or safety, discuss these concerns with your lawyer before filing. In limited situations, certain accommodations can be made.
How Long Does the Process Take?
If you request your name change during your uncontested divorce, the name change becomes effective immediately upon the judge’s signature on the Judgment of Absolute Divorce.
There is no separate waiting period, no background check, and no extra hearing. You can begin using your prior name legally as soon as the judgment is signed and filed.
That’s one of the key advantages of working with an Asheville uncontested divorce lawyer—they streamline everything, so you don’t have to go through the name change process twice.
Frequently Asked Questions (FAQ)
Can I change my last name as part of my uncontested divorce in Asheville?
Yes. North Carolina law allows you to resume your former name during your divorce by including a request in your divorce filings.
Do I have to pay an extra fee to change my name during divorce?
No. If the name change is included in your divorce judgment, there’s no additional fee beyond your standard divorce filing costs.
What if I didn’t request the name change during my divorce—can I still do it later?
Yes, but you’ll need to file a separate name change petition, undergo a background check, and pay additional court fees.
Is the name change automatic when I get divorced?
No. You must explicitly request it in your divorce complaint or judgment, or the judge will not include it.
Can men or nonbinary individuals request a name change during divorce?
Yes. Although the statute focuses on women, courts have generally allowed any party to request to resume a former surname as long as the request is made properly.
Can I change to any last name I want during the divorce?
No. You can only resume a former last name—such as your maiden name or the name of a prior spouse. A new surname requires a separate legal process.
Will changing my name affect my ability to co-parent or travel with my children?
No. Your name change has no effect on custody, visitation, or your rights as a parent. Just be sure to carry proper documentation.
How do I update my driver’s license and Social Security records after the name change?
You’ll need a certified copy of your divorce judgment. Start with the Social Security Administration, then update your driver’s license and other records.
Does the judge have to approve my name change?
Yes, but in uncontested cases, judges routinely approve name changes as long as they are properly requested and consistent with the law.
Should I talk to a lawyer before deciding to change my name?
Absolutely. An Asheville uncontested divorce lawyer will help you evaluate the pros and cons, file the correct documents, and avoid costly mistakes.
Changing your name during an uncontested divorce in Asheville is not only possible—it’s often the easiest and most meaningful way to mark a new chapter in your life. Whether you’re reclaiming your maiden name or simply moving forward under a name that reflects your true identity, the key is to request it properly and follow through with the right legal steps.
A trusted Asheville uncontested divorce lawyer will make sure your name change is included in your divorce paperwork, approved by the court, and ready for you to use as soon as your case is finalized.
The McKinney Law Group: Uncontested Divorce with Flat-Fee Options in Asheville
At The McKinney Law Group, we believe in transparent, affordable divorce services. If you and your spouse agree on the terms, we’ll handle your Asheville uncontested divorce for a flat fee—no surprises.
We provide:
✔ Flat-fee uncontested divorce services
✔ Efficient document preparation and filing
✔ Guidance on custody, property, and alimony terms
✔ Timely updates and ongoing communication
✔ Completion of your divorce without unnecessary delays
Call 828-929-0642 or email [email protected] today to learn more.