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Changing your legal first or last name can be complex, depending on the circumstances. When children or other intricate circumstances are involved, additional challenges may be present.
The process for a name change depends on the specifics of your circumstances and why you are requesting the change. An experienced Charlotte name change lawyer could help identify potential issues that could cause delays before filing the petition in family court. Reach out to Sussman Law Firm, PLLC to begin working with a dedicated family attorney.
People wish to change their names legally for many reasons, including:
State laws only allow one name change throughout life, except for returning to a prior name after divorce and for minor children who may wish to change their name again as adults.
State laws prohibit and restrict name changes in certain circumstances, including fraudulent purposes such as attempting to escape debt from creditors as well as avoiding spousal or child support. Regulations also prohibit sex offenders from legal name changes.
When the court clerk determines invalid reasons for filing the petition, they have the authority to revoke the request. During a consultation, our Charlotte attorneys could go through the complete list of valid and invalid reasons for petitioning the court with a name change and answer specific questions.
Anyone requesting a name change must submit a notarized application and complete background searches by the State Bureau of Investigation Records and the Federal Bureau of Investigation (FBI). Under North Carolina General Statutes § 101‑2, those who wish to change their name legally must give ten days’ notice of application by publication at the Superior Court’s office bulletin board. If the tenth day falls on a weekend, the notice must remain until the first business day.
They must establish good cause and submit affidavits of good character signed by two residents living in the same county. After gathering all the necessary documentation, they must file an application with the clerk of the superior court in the county where they live. The court may waive the requirement for posting the notice on the bulletin board if the applicant can provide evidence they are the victim of domestic violence, stalking, or a sex crime.
Documentation for proof may include records from law enforcement or other federal or state agencies. A name change lawyer in Charlotte could help complete the application and ensure compliance with the rules of the statute.
A parent or guardian can file the petition for a name change for children under 18. However, permission from both parents may be necessary in many cases.
In some specific circumstances, the court may waive the requirement for permission from the second parent, including convictions for child abuse, sexual offenses against children, and abandonment. Children 16 years old and over must submit to background checks.
Seeking a name change is relatively common, and the processes vary depending on the reason. Whether recently married, divorced, or for any other reason, a seasoned Charlotte name change lawyer could help identify the proper process and handle the paperwork and filings on your behalf.
Let our team take the paperwork off your hands and help you navigate the procedure quickly. Call soon to schedule a consultation and review your options.
Charlotte Family & Divorce Lawyers and Immigration Attorneys