People change their names when they get married or divorced all the time. This is a simple line-item that is included in the marriage certificate or in the divorce judgment. But there are also a number of other reasons why a person might want to change their name legally. People in the transgender, nonbinary, and gender non-conforming community face regular harassment from the use of their birth name, or “dead name”, which they have left behind. A legal name change allows these individuals’ official identification to reflect their true selves.
In North Carolina, outside of the marriage or divorce situation, a legal name change can only be done once, and it has to be done by court order. You cannot change your name if you have any outstanding tax or child support obligations, or if you have any outstanding judgments against you for money owed, or if you are a registered sex offender. The Clerk of Court will review your criminal record, if you have one. It is entirely in the Clerk’s discretion to grant or deny a petition for a legal name change; it is not a guaranteed right.
Although it can be a little intimidating, the process itself is not complicated, and there are resources available (packet from the 28th Judicial District Bar, eCourts Guide&File, Tranzmission’s Name Change Project) to explain how it is done. It is not necessary to hire an attorney for a name change, but some people prefer the convenience of relying on a professional to make sure all the steps are followed correctly.
Whether you proceed on your own or through an attorney, below is a summary of what you will need and what to expect:
For an Adult Name Change:
- You will need to have 2 sets of your fingerprints taken at your county Bureau of ID. In Buncombe County, the office is located at 52 Coxe Avenue (828-250-4665).
- You will need to obtain state and federal background checks.
- You will need a certified copy of your birth certificate.
- You will need to have two Affidavits of Good Character from individuals who live in your county, have known you for at least a year, are over the age of 18, and are not related to you or live with you.
- A petition is filed at the Clerk of Court’s office, and a notice is posted for 10 consecutive days, to allow anyone who has an objection to lodge it.
- After 10 days have passed, the remaining documents and proposed order are submitted to the Clerk of Court. It may take anywhere from a few days to a few weeks to receive the Order and Certificate of name change.
For a Minor Name Change (under 16 years old):
- You will need a certified copy of the child’s birth certificate
- Both parents must consent. The petitioning parent’s consent is indicated in the petition, and the other parent must sign an Affidavit of Parental Consent. There are a handful of exceptions to this rule, which should be discussed with an attorney.
- You will need copies of the child’s photo identification, such as a passport, if there is one.
- A notice and petition are filed with the Clerk of Court in the child’s county of residence.
- A notice must then be posted in the courthouse. It must remain in place for 10 days, to allow for objections to the name change.
- After 10 days have passed, the remaining documents and proposed order are submitted to the Clerk of Court. It may take anywhere from a few days to a few weeks to receive the Order and Certificate of name change.
For a Minor Name Change (16-18 years old):
- For an older teenager, the steps are the same as for an adult name change, but in addition, both parents’ consent is required. The non-petitioning parent must sign an Affidavit of Parental Consent. There are a handful of exceptions to this rule, which should be discussed with an attorney.
Once you have the Order granting your name change, you can use it to get a new passport, social security card, driver’s license, and to change your financial and utilities accounts.