Virginia Name Change Law
The legal process for changing your name is governed by Virginia Code Section 8.01-217. It basically requires you to file a lawsuit in the circuit court for the jurisdiction where you reside. After a period of time you have to have a hearing so the judge can hear your request and any objections to it. At the hearing you must provide your reasons for wanting to change your name and that of any of your minor children.
Why would you want to change your name? There are a myriad of reasons why a name change may be required or desired. Tragedy, loss, and divorce are all common motivations for a name change. Many clients I help are changing their name post-divorce and sometimes want their children’s names changed as well. Changing a child’s name is a little different than an adult’s but does require that notice be given to both the other biological parent and to those people who consented to the birth of the child as evidenced by their signature on a birth certificate .
Some clients have been living under a name they do not consider their own. For example, natural born children of parents who never married may be using the last name of the mother rather than the father. If the parties were married a child is presumed to be a child of the marriage and will be given the last name of either parent. However, if the parents were never married and the mother has never given permission for the child to use the father’s last name, the child can be using the wrong last name.
I have helped many clients "legitimize" their children in Virginia. The process is often much longer and tedious than expected but the result is a name change, judgments from the court, and a new birth certificate for the child.
Who is Eligible for a Name Change?
In general, to legally change your name in Virginia you must have lived in Virginia for at least six months prior to your request. You should be 18 years or older; if you’re under 18, you’ll need your legal guardian to initiate the paperwork on your behalf. In this case, you can petition the court for restoration of your name once you reach the age of majority. If you are a non-citizen, then you must also have lawful status in the U.S.
You cannot file a request for a legal name change in Virginia if you are currently incarcerated or on federal or state probation. Furthermore, a judge will reject your request for an official name change if they feel that you are attempting to change your name in order to escape prosecution or have a criminal background. Other reasons for rejection may include: if you owe alimony payments or child support, your financial history shows that you are not paying taxes, or your name could be confused with that of a well-known criminal.
Initiating a Petition for Name Change
When an individual decides to legally change their name in Virginia, they must file a Petition with the Virginia Court System. Generally, this will be the Circuit Court for the jurisdiction where the individual currently resides or the Circuit Court where the marriage certificate is registered if that relates to a name change as a result of marriage.
In Virginia, individuals can choose to change all parts of their name, or just one element. If one of the elements is a middle name, that middle name can go away or be exchanged for another. Changing the last name to one based upon an ancestor is permitted in Virginia, but no incorporation or other business purpose may be a rationale for adopting a name (as opposed to an organization name, which may be registered in Virginia by filing a fictitious name). Changing a name of a business organization in Virginia is a slightly different process, and in certain cases may involve a petition to the Virginia State Corporation Commission (available here).
For example, a common situation in Virginia is an ancestor change named after a relative. There are many reasons in Virginia why someone might want their name to reflect an ancestor (or even "Mother", "Father", "Grandpa"), so an ancestor change is very common. This change might reflect a personal desire by a person to feel more like their forebear. A petition for a form as described above would be filed with the appropriate Virginia Circuit Court. The forms include a Virginia Circuit Court Name Change Form Application along with a Virginia Notice of Hearing. Once the Petition is granted, the Circuit Court will issue a Decree Changing Name, which should be registered with the Clerk of the Circuit Court and then the Virginia Department of Vital Records.
The fees and procedures for a Virginia Change of Name Petition vary from one Virginia Circuit Court to another. The forms do not require an attorney; however, require a legal address to receive updates from the Virginia Circuit Court regarding the process. Certain time frames must be met at each step of the process.
What to Expect at the Name Change Hearing
After you have filed the Petition with the Clerk’s office and complied with the signage and/or notice requirements (where applicable) you will be given a date for a hearing. In some localities, the matter is heard by the general District Court or by the Circuit Court. On the day of the hearing, you must appear before the Judge who will ask you to explain the reason you wish to change your name.
Once the judge is convinced that you have good reason for the change and are not attempting to accomplish something illegal (such as avoiding creditors or evading law enforcement) he will sign an order granting your request and memorializing that fact. The petition should then be taken back to the Clerk’s office for the entry of the Order into the court records.
After Approval and Required Documentation
Once your petition has been approved by a Virginia court, the process of changing your name is not yet complete. First, you will receive a document signed by the judge called an Order Granting Change of Name. This document should be filed with the Western Tidewater Public Health District Division of Vital Records, as this office will then prepare a new birth certificate with your new name. There is generally a fee for this service.
After receiving your new name-approved birth certificate, there are many other steps that you may need to take. You should:
If you have minor children, you may also wish to provide them with their new name-approved birth certificates. Changing them, while not obligatory , shows a commitment to the new last name in full.
It is important to note that while it is relatively simple to update your name in general on your identification documents, other documents are not as simple. Your Social Security card will be updated with your new name, but you will need to fill out the necessary paperwork. Most banks and credit unions will allow you to simple present a copy of your new name-approved birth certificate, though some may have their own processes. Any major forms of identification that have already been issued to you, however, need to be replaced entirely after a name change. This includes passports, driving licenses, and various employment identification cards.
Special Cases Concerning Minors
When a child is involved in a name change, there are certain rules that come into play. In Virginia, the court must be satisfied that the change in name is not intended to defraud or mislead, and there are additional requirements when it comes to the name of a minor child. A name change of a minor child is somewhat easier when there is more than one parent, as only one of the parents needs to consent. The other parent has the right to object to the name change by filing a Notice of Objection to Name Change for Minor. If the other parent does not object, or if the objection is overruled, then the petition may be approved.
When there is only one parent, the procedure is somewhat different. Both parents will need to try to reach the other parent by any means that is reasonable. After this has been done, the petition process is similar to that of an adult, with the addition of the parent has to file a Parenting Agreement or an Affidavit and Affidavit of Due Diligence, as well as a Criminal History Form for a Minor. Also unlike adults, minors must be notified of the proceeding at least 10 days in advance of the hearing, and by regular mail to their address in the petition (although the notice can be waived.) After the hearing, the court must notify the minor of any objections at least 10 days before granting the petition.
If a child is currently the subject of a custody proceeding, or if the parent is claiming the child in possession of the other parent, or if the other parent claims to be entitled to the immediate possession of the child the court shall not grant the petition unless the court is satisfied that the name change is in the best interests of the child.
Common Issues and How to Handle Them
Aside from the challenge of adjusting to a new name, there are other bumps in the road that you may encounter on your quest for a name change. Here are just a few, along with solutions for overcoming them:
- The newspaper publication requirements cannot be met after the notice has been published. The statute requires the notice to be published for one time in a newspaper in the county or city where you live, and the newspaper must be of general circulation in the locality, and in the case of a minor under 15 years of age, one published in the same or a neighboring county or city where the minor resides. If you miss that one publication, you will have to wait until the next month to have the notice published, so your petition will be delayed that much longer.
- If you decide on a long, foreign or unusual name, you may have trouble getting the Social Security Administration or the Department of Motor Vehicles to accept the name. This can be especially frustrating when applying for a new Social Security card and DMV card because the SSA and DMV offices cannot base their decisions on anyone else’s opinion of your name; it must be based solely on their analysis of your actual name. Names that are 20 characters long or longer, as well as names that are new or unique, meaning there is no precedent for that particular name being changed, can be difficult to change.
- You may be denied the petition if you’re looking to change your name so that you can avoid paying court-ordered child support or spousal support , or to avoid paying criminal penalties. Generally, this will not hold up when you present the petition to the court. If the name change can be proven to violate someone’s rights, such as using the name to harass a spouse or date, the court will deny the petition.
- If you have recently changed your name, and you make a new change to that name (for example, the name of a stepparent or stepchild), the court may require more information than would normally be required because they do not want to see you change your name multiple times in order to avoid the court-ordered payment of child or spousal support.
- You can be charged with a Class 1 misdemeanor for taking on the persona of someone else due to the use of a fictitious name. The police in Virginia contact other law enforcement agencies in the area when they deem the name to be fictitious, which includes names that are unreasonably long or of difficult pronunciation or spelling, but does not include names in a foreign language.
- If you have a name that could be deemed offensive or vulgar, the court may deny your request, especially in the event that you include vulgar prefixes or suffixes, or honorifics such as "Reverend" or "Doctor." Users of social media websites such as Facebook are allowed to use a name that includes these types of prefixes or suffixes, but it is still better not to confuse any true aspect of your identity with a name that could be offensive to others.