Legal Information: North Dakota

Divorce

Updated: 
February 12, 2018

Will my children's last name change after I get a divorce?

No, divorce proceedings alone will not change your children's last name. If you want to change their last name, you will have to file for their name change separately in court. The other parent has to be notified and has the right to argue against the change.

To change your child's name, you'll need to file a petition in the court of the county in which you live. Your child will have to have been a resident of that county for at least six months. You will also need to include the following information in your petition:

  • the name requested; and
  • the reason why you want to change the name.1

A notice of the intended application must be published in the official newspaper of the county in which the minor lives and if different, in the official newspaper of the county in which each of the minor's parents live. The judge can waive this requirement if you provide evidence that you are the victim of domestic violence.2

1 N.D.C.C § 32-28-02(1)
2 N.D.C.C § 32-28-02(3),(4)