Legal Question in Family Law in North Carolina

I moved from Virginia 3 weeks ago, I have not changed my address yet because I am broke. I got married last year, changed my name that day on my drivers license, and I do not use that name. Never have beyond my ID and Social Security card because that Monday, 2 days after my marriage he moved back home with his parents and had not returned. I have not seen my husband since November, and that was only to start a divorce procedure that he was supposed to file but has not filed. My problem is, I want to change my name back to my maiden name since it is the only name I have ever used, but now that I have called the court here in Hertford County, they are saying I cannot change my name back to my maiden name because I am married. I do not understand why not since I have a few friends who dont even use their married name! Why do I have to keep mine? Can anyone tell me if this is true? And if so, how can I do anything sooner since I cannot file for divorce until I have lived here 6 months?


Asked on 7/01/10, 10:46 am

1 Answer from Attorneys
Rachel Hunter

Before you got married, you were asked to note on a form whether you intended to use your married name, have a hyphenated name or keep your maiden name. You ust have opted for the married name. Not a problem. When you file for divorce, just ask for permission to resume use of your maiden name.

Sorry, but that is the way it is. If you were married in Virginia, you should speak to a lawyer there about Virginia law. Now that you are in NC, you have to wait one year to file for divorce and ask to resume your name in the divorce complaint.

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Answered on 7/02/10, 2:18 pm


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