GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 565
The General Assembly of North Carolina enacts:
Section 1. G.S. 50-12 reads as rewritten:
"§ 50-12.
Resumption of maiden name or adoption of name of prior deceased or prior
divorced husband. maiden or premarriage surname.
(a) Any woman whose marriage is dissolved by a decree of absolute divorce may, upon application to the clerk of court of the county in which she resides setting forth her intention to do so, change her name to any of the following:
(1) Her maiden name; or
(2) The surname of a prior deceased husband; or
(3) The surname of a prior living husband if she has children who have that husband's surname.
(a1) A man whose marriage is dissolved by decree of absolute divorce may, upon application to the clerk of court of the county in which he resides setting forth his intention to do so, change the surname he took upon marriage to his premarriage surname.
(b) The application shall
be addressed to the clerk of the court of the county in which such divorced woman
person resides, and shall set forth the full name of the former husband
spouse of the applicant, the name of the county and state in which
the divorce was granted, and the term or session of court at which such divorce
was granted, and shall be signed by the applicant woman in her
full maiden name.name, or by the man in his full premarriage surname..
The clerks of court of the several counties of the State shall record and index
such applications in such manner as shall be required by the Administrative
Office of the Courts.
(c) If a woman, an
applicant, since her the divorce, has adopted one of the
surnames listed in subsection (a) subsection (a) or (a1) of this
section, her the applicant's use and adoption of that name is
validated.
(d) In the complaint, or
counterclaim for divorce filed by any woman person in this State,
she the person may petition the court to adopt any surname as
provided by this section, and the court is authorized to incorporate in the
divorce decree an order authorizing her the person to adopt that
surname."
Sec. 2. G.S. 101-8 reads as rewritten:
"§ 101-8.
Resumption of name by widow. widow or widower.
A woman person at any time after she the
person is widowed, may resume the use of her maiden name or the name of
a prior deceased husband or of a previously divorced husband upon application
to the clerk of superior court of the county in which she resides, setting
forth her intention to do so. widowed may, upon application to the clerk
of court of the county in which the person resides setting forth the person's
intention to do so, resume the use of her maiden name or the name of a prior
deceased husband or of a previously divorced husband in the case of a widow, or
his premarriage surname in the case of a widower. The application shall set
forth the full name of the last husband spouse of the applicant,
shall include a copy of his the spouse's death certificate, and
shall be signed by the applicant in her the applicant's full
name. The clerks of court of the several counties of this State shall record
and index such applications in the manner required by the Administrative Office
of the Courts."
Sec. 3. This act becomes effective October 1, 1994.
In the General Assembly read three times and ratified this the 15th day of June, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives