§ 50-12. Resumption of maiden or premarriage surname. - North Carolina Statutes

§ 50‑12.  Resumption ofmaiden or premarriage surname.

(a)        Any woman whosemarriage is dissolved by a decree of absolute divorce may, upon application tothe clerk of court of the county in which she resides or where the divorce wasgranted setting forth her intention to do so, change her name to any of thefollowing:

(1)        Her maiden name; or

(2)        The surname of aprior deceased husband; or

(3)        The surname of aprior living husband if she has children who have that husband's surname.

(a1)      A man whose marriageis dissolved by decree of absolute divorce may, upon application to the clerkof court of the county in which he resides or where the divorce was grantedsetting forth his intention to do so, change the surname he took upon marriageto his premarriage surname.

(b)        The applicationshall be addressed to the clerk of the court of the county in which suchdivorced person resides or where the divorce was granted, and shall set forththe full name of the former spouse of the applicant, the name of the county andstate in which the divorce was granted, and the term or session of court atwhich such divorce was granted, and shall be signed by the woman in her fullmaiden name, or by the man in his full premarriage surname. The clerks of courtof the several counties of the State shall record and index such applicationsin such manner as shall be required by the Administrative Office of the Courts.

(c)        If an applicant,since the divorce, has adopted one of the surnames listed in subsection (a) or(a1) of this section, the applicant's use and adoption of that name isvalidated.

(d)        In the complaint,or counterclaim for divorce filed by any person in this State, the person maypetition the court to adopt any surname as provided by this section, and thecourt is authorized to incorporate in the divorce decree an order authorizingthe person to adopt that surname. (1937, c. 53; 1941, c. 9; 1951, c. 780; 1957, c. 394;1971, c. 1185, s. 23; 1981, c. 494, ss. 1‑4; 1985, c. 488; 1993 (Reg.Sess., 1994), c. 565, s. 1; 2005‑38, s. 1.)