Your name is a fundamental part of your identity. Whether you are looking to restore your maiden name after a divorce, change your name to reflect your gender identity, or simply choose a name that better suits you, the process in Virginia requires formal legal action.
While changing your name on social media is easy, changing it on your driver’s license, passport, and bank accounts requires a court order. If you live in Loudoun County, you must petition the Loudoun County Circuit Court to grant your request.
Here is a practical guide on how the name change process works in Virginia and what you need to do to make it official.
Changing Your Name During a Divorce
The easiest and most common time to change your name is during a divorce proceeding. If you wish to resume your maiden name (or a former name), you can simply request that the judge include a name change provision in your Final Order of Divorce.
When your Loudoun County divorce lawyer drafts the final decree, they will include specific language restoring your former name. Once the judge signs the decree, that document serves as your official court order. You can then take a certified copy of your divorce decree to the DMV, the Social Security Administration, and your bank to update your records.
This method is efficient because it does not require a separate application or an additional filing fee.
Changing Your Name Outside of a Divorce
If you are not getting divorced, or if your divorce is already finalized and you did not include a name change in the decree, you must file a separate legal action called an Application for Change of Name.
The Application Process
You must file the application in the Circuit Court of the county where you reside. The application requires you to provide your current name, your requested new name, and the reasons for the change. You must also disclose under oath whether you have any felony convictions, whether you are a registered sex offender, and whether you are currently incarcerated or on probation.
The Legal Standard
In Virginia, an adult has a common-law right to change their name, provided the change is not sought for a fraudulent or illegal purpose. The court will generally grant the request unless there is evidence that you are trying to evade creditors, avoid criminal prosecution, or commit fraud.
If you have a felony conviction, the process is more difficult but not impossible. You must prove that the name change will not hinder law enforcement or defraud the public.
Changing a Child’s Name
Changing a minor child’s name is significantly more complicated than changing an adult’s name. Because a child’s name is tied to their identity and their relationship with both parents, the court scrutinizes these requests heavily.
If both parents consent to the name change, the process is relatively straightforward. Both parents must sign the application under oath.
If one parent objects to the name change, the court must hold a hearing to determine whether the change is in the “best interests of the child.” This is the same legal standard used in child custody cases. The judge will consider factors such as the child’s age, the child’s preference (if they are old enough), the strength of the child’s relationship with each parent, and any history of misconduct or abandonment by the objecting parent.
Frequently Asked Questions
Do I have to go to court for an adult name change?
In most cases, no. If your application is properly drafted and there are no red flags (like a criminal record), the judge will typically review the paperwork in their chambers and sign the order without requiring a hearing.
How much does it cost to change my name?
The Loudoun County Circuit Court charges a filing fee for the application (currently around $41, but subject to change). You will also need to pay a small fee for certified copies of the final order, which you will need for the DMV and Social Security Administration.
How long does the process take?
If the application is complete and uncontested, the court usually processes the order within a few weeks.
Make Your Name Official
Changing your name is a significant personal milestone, and the legal paperwork should not stand in your way. At Raheen Family Law, we can handle the application process quickly and efficiently, ensuring that your petition meets all of the court’s requirements. Whether you are changing your own name or seeking a name change for your child, we are here to help. Contact us today or call our Fairfax Divorce Lawyer Now! at 703-223-5295 to get started.