Our name change in Virginia for a minor is only admissible if both biological parents of the minor agree to the name change application and jointly file an application with the court. Exceptions are a deceased biological parent or a biological parent who has terminated their parental rights by court order. In such situations, proof of the situation (a death certificate or court order) would generally be attached to the name change application. The petition contains personal data required by law, such as the name of the petitioner, the place of residence of the petitioner, the date and place of birth of the petitioner, etc. The petition must be acknowledged under oath. After submitting the petition and other appropriate forms and paying the required filing fee for these forms, if everything is in order (the legal requirements have been met) and the court agrees to the intent and nature of the application, the court will sign a decision formalizing the name change. For a change of name order to be made, the court must find sufficient grounds for the change and also find that it is consistent with the public interest. Both parents of a minor child must file an application with the district court of the district where the child resides. If only one parent applies to the court, they must provide the court with reasonable evidence that the other parent is not required to sign (i.e. an order to revoke parental rights, a death certificate or affidavit, and a due diligence order to find the other parent without success (service by publication). The court will determine whether, in the circumstances cited in the application, there is a material reason and whether the name change is in the best interests of the child. According to Virginia Code § 8.01-217, the petition requires the following: In Virginia, an adult can change his or her name by filing a lawsuit in circuit court with the appropriate forms.
The process of obtaining a name change for an adult in Virginia begins with filing a petition in the circuit court of the jurisdiction in which the plaintiff resides. The plaintiff (the person initiating the claim/claim) must have lived in the Commonwealth of Virginia for at least six (6) months and in the county/city where they will file their application. IMPORTANT NOTICE: For name change actions involving a minor, courts generally obtain the written consent of each adult who retains legal rights over the minor. Therefore, the applicant must notify each of these parties directly (notification of proceedings). How do I legally change my name? As an adult, you can file a petition with the circuit court in the county where you live. The court will determine whether there is just cause in the circumstances set out in the application. According to the Virginia Code § 8.01-217, the following are required in the application: Are you considering changing your name? Maybe you`re divorced and didn`t change it back then, or you just don`t like your name. Whatever the reason, name changes are common and usually easy to make. We`ve been helping people change their legal names since 1998.
We are so confident in our forms written by a lawyer that we let you “Try Before You Buy”. No credit card information is required to get started. How do I change the name of my minor child? Another important update after making a legal name change is your voter registration information. Your voter registration can be updated online or by submitting an application form. To complete the online process, follow this link and enter your current voter information. Follow the prompts to complete the name change update. You can also download and complete the Virginia Voter Registration Application Form. Print the form and send it to your local registrar or to: Courts are often willing to accept name changes for almost any legitimate reason. However, acceptance of an application for a name change is at the discretion of the court. In order for a decision/order/judgment on a name change to be rendered, the court must determine that the publication requirements and the requirements for the allegations contained in the application are met. The court must also find a fair and sufficient reason for the change, find that the change is consistent with the public interest and, if the name change involves a minor child, determine that the change is in the best interests of the minor child.
Are you hoping to make your maiden name (or current) your middle name, either by replacing your original middle name or adding a second one? Wolff says you have to ask the court for this type of name change in Virginia. While VA marriage licenses can serve as legal name change documents if you simply change the last name, a court order acts as a legal name change document for other types of name changes. Congratulations – you`ve covered all the basics. Well, sort of! All of the above is very important to address as quickly as possible, but also do not forget about small tasks. Everyone from your doctor to your employer needs to know your new name. Be sure to inform all important entities. (Other examples include your bank and insurance companies.) You`ll also want your name updated on important documents like your vehicle`s title and registration, as well as your will (if you don`t have one, it`s time!). And there are also some fun changes to make, like updating your email address and social media profiles! Often, U.S. District Virginia courts grant a name change without requiring the plaintiff to attend a hearing. This is called “on paper.” If there is a discrepancy with your application or if someone objects to your proposed name change, the court will contact you and schedule a hearing. Once the court approves the name change, you will receive an order signed by a judge in the mail. Allow a few weeks or even months for the order to arrive.
You and the minor may not have to appear before a judge in your district court. If no trial date is set, it means that the case was decided “on paper”. In this case, you will receive a court order to change the name of the minor in the envelope you submitted with the application. Otherwise, you will be summoned with a court date and you and the minor will have to appear before the judge. If the judge determines that it is an appropriate name change, they will sign the court order and give it to you personally. In both cases, the name change is only official if you receive a signed copy of the decision to change your name (minors). Use this document to update the minor`s name with the necessary agencies and institutions. Where only one parent submits the application for a change of name of a minor, notification of the application must be served on the parent who does not join the application. If he objects, a hearing before the judge must be scheduled.
If a name change is allowed for a minor, it does NOT terminate a parent`s legal parental rights. What should I do after I change my name? The court clerk will send you a certified copy of the order, changing your name. If you require additional certified true copies, please complete a copy request form (see fee table below). A copy of the change of name order will be provided by the court to Vital Records. It is your responsibility to contact the Social Security office (Social Security must notify the IRS, but it is recommended that you ensure that their records are updated); DMV and any other company, institution or person that must be notified. In Virginia, most name changes are granted without an audience. However, you should be aware that sometimes formal hearings are necessary, almost always in case of objection. The determining factor in determining whether or not a hearing is necessary is determined by the content of the documents submitted to the court registry. Only if your background or petition is outrageous, apparently fraudulent or illegal, or, as mentioned above, if there are objections to your petition, will the case officer likely need a hearing. Otherwise, the registry may transmit the application to the judge for approval.
Consider this your guide to changing a name in Virginia.
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