No, once you assumed the name, it became your name, and therefore it’s your decision whether to keep it – not your spouse’s, not the state’s. You can keep your married name, resume your maiden name, or, if this is not your first marriage, you may be able to resume the name of a former husband.
You may want to keep your married name because it’s the same last name as your children or because your business is connected to your current married name. You can also resume the name of a prior living husband if you have children with that last name, or you can resume the name of a prior deceased husband.
If you filed for divorce, you can include a request to resume your maiden name (or your former married name if applicable) in the divorce complaint. You will have to pay an additional $10.00 when you file the complaint.
If your spouse filed for the divorce, you can file an answer and include the request to resume your maiden name or former married name. You will have to pay the $10.00 fee.
If you do not resume your maiden name in the divorce proceedings, you can file a name change later in a separate action. Wake County Clerk of Court has the forms and instructions on-line.