Legal name change help is here.

There are a few circumstances when you may want to change your name. The most common ones are after marriage or divorce. Those situations are fairly easy to handle. For more complex situations, it may be helpful to hire legal help for your name change. Click here to get in touch with an attorney or keep reading for more information.

How do I change my legal name?

If you want to change your name without getting married or divorced, then in Virginia you must petition with the Circuit Court clerk to get your name changed. Virginia Code 8.01-217 states that a person may change their name if you can show a court that you have good cause. The specific steps vary depending on why you’re changing your name.

After the application to get a name change is submitted the judge will hold a hearing to determine that the name change "(i) would not frustrate a legitimate law-enforcement purpose, (ii) is not sought for a fraudulent purpose, and (iii) would not otherwise infringe upon the rights of others."  The judge will issue an order approving or denying the petition. If the petition is approved, the judge will issue an order with their reasons for granting the petition. Judges have broad discretion to decide whether there is good cause to change a name but must follow the strict procedures of the law. Examples of good cause are legal gender affirmation and for religious purposes. These categories are not clear cut. 

How do I change my name after a divorce or marriage?

With a marriage or divorce, you need to show your marriage license or divorce decree and other necessary documents to the Social Security Administration, the Department of State for a passport, and to the DMV.

Will I need new identifying documents if I change my legal name?

Yes, you should obtain a new social security card, passport, and state ID card such as a driver’s license or non-driver photo ID. Once these steps are done your name is legally changed. 

Each agency has its own instructions for updating your identity. The agencies you should contact are the Social Security Administration, the Department of State for a passport, and the DMV for your state ID. When you update your DMV information, you should also update your voter registration information.

Keep copies of documents with your former name. Some companies will need proof of the prior name and the new name. Once these documents are updated you will have to contact your employer, banks, insurance companies, utility companies, and similar companies to update your name in their system.

Do I need help from an attorney to change my name?

In general, your petition for a name change will have to be submitted to a circuit court. A judge will review the petition and there may be a hearing in front of a judge. A judge will typically grant an application unless the evidence reveals that name change "is sought for a fraudulent purpose or would otherwise infringe upon the rights of others." 

There is a higher burden if you are in jail or prison, on probation, or a person who is required to register as a sex offender. If you fall into these categories then you must show there is good cause to change your name. This means you have a legitimate, nonfrivolous reason for changing your name.

If you’re petitioning for your child’s name to be changed, the judge will consider several factors to determine if the name change is in the child’s best interest including:

  • Whether the parent(s) have a relationship with the child

  • Whether the parent(s) have engaged in misconduct sufficient to embarrass the child in the continued use of the parent(s)’ name

  • Whether the child will suffer substantial detriment by continuing to bear the parent(s)’ name

  • Whether the child is old enough and mature enough to make an intelligent choice and that this is what the child wants.

For further information see:

May v. Grandy, 259 Va. 629, 528 S.E.2d 105 (2000)
Leonard v. Commonwealth, 821 S.E.2d at 553 (Va. 2018)
Leonard v. Commonwealth, 821 S.E.2d 551, 553 (Va. 2018)
Stephens v. Com., 645 S.E.2d 276, 274 Va. 157 (2007); In re Dennis, 802 S.E.2d 811 (2017)

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Frequently Asked Questions
about Legal Name Change

  • The cost of legally changing your name varies by location. It generally includes a filing fee for the petition with your local circuit court. Be prepared to cover any court fees associated with filing the necessary paperwork.

  • In Virginia, legally changing your name involves filing a petition with the circuit court of your county or city. This process includes making an application under oath, notarizing the petition, and providing detailed personal information. That information can include parents' names, any former names, and any felony convictions. You will likely also need to produce documents such as a birth certificate or marriage certificate. The petition is subject to approval by the court.

  • The time it takes for a name change to become legal varies significantly based on the court's current caseload and the specifics of your petition. While some name changes, such as those associated with marriage, can be almost immediate, others may take several weeks or months to be finalized by the court.

  • There is no specific limit to the number of times you can legally change your name in Virginia. However, each petition for a name change must be made in good faith. Repeat petitions may be scrutinized more closely by the court to ensure compliance. You must have legitimate reasons for the change.

  • In Virginia, changing a minor's last name generally requires the consent of both parents if both have legal rights regarding the child. The absence of consent from one parent does not automatically preclude a name change, but it does make the process more complex​. 

    If one parent objects to the name change, a court hearing may be necessary to determine if the name change is in the best interest of the child. The court will consider several factors, including the reasons for the name change and any objections raised by the other parent.