Updated August 14, 2023
Virginia name change forms can be filed in the state’s circuit courts by individuals desiring to legally change their name. Those taking their spouse’s name after marriage or reverting to their maiden name after a divorce are not required to complete the process through their county’s court. A person is prohibited from changing their name in Virginia unless they have resided in their current county for at least six months.
Name Change After Marriage
Changing a name when getting married does not require a separate application. Instead, list both a current name and the intended name on the marriage application. This does not finalize the name change, but it does set the process in motion. After the wedding, a marriage certificate will be issued. This will act as proof of a legal name change and can be used to update the name on file with various agencies and institutions.
To obtain a certified copy of the marriage certificate, visit the clerk of the circuit court for the county where you were married, or take a valid ID to one of the health department offices of Blue Ridge Health District. The fee for a copy of a marriage certificate is $12.[1]
Name Change After Divorce
If you changed your name after getting married, you can return to the name you had before as a part of the divorce proceedings.[2] Make sure to include the desired name on the marital settlement agreement; you can also request it orally from the judge. Either way, just make sure that you request it before the proceedings conclude.
Once the divorce is finalized, the divorce decree should include the name change and can be used to update the change where applicable. Certified copies can be obtained from the circuit court clerk’s office, or from an office of the health department’s Division of Vital Records. The fee for a copy of a divorce certificate is $12.
How to Change Your Name (4 steps)
1. Complete Forms
The principal name change form in Virginia is the Application for Change of Name (Adult). This is a statewide form and may be used in any county. Depending on the county in which you reside, you may also be required to submit a Cover Sheet for Filing Civil Actions.
Download both and complete all the appropriate fields except for the signature field, which must be completed before a notary. Petitioners who have a felony conviction record, are required to register as a sex offender, or are incarcerated or on probation must include this information on their petition.[2]
You also may be asked to fill out a Final Order of Name Change; this is the order that will ultimately be signed by the judge. If so, the clerk may have a sample one for you to fill out specific to your county.
2. File Forms
Before visiting the courthouse, make copies of all the forms and prepare a self-addressed envelope. Visit your local circuit court (bring your birth certificate) and file the forms with the court clerk. They will ask you for the name change filing fee, which varies depending on your county but tends to fall around the $40 mark.
Check the website of your local circuit court for the fee. Depending on your income, you may qualify for a fee waiver. To apply for one, file a Petition for Proceeding in Civil Case without Payment of Fees or Costs (CC-1414).
3. Receive Court Order
Often circuit courts in Virginia will grant a name change without requiring the applicant to attend a hearing. If there are any discrepancies with your application, or someone objects to your proposed name change, the court will contact you and provide a hearing date. Courts in Virginia are generally required to approve adult name change petitions unless there is evidence that the change is being sought for a fraudulent purpose, or that it would infringe upon the rights of others.[3]
Once the court approves the name change, you will receive the Final Order of Name Change in the mail signed by a judge. Allow a few weeks, or even a couple of months, for the order to arrive.
4. Seal Record, if Desired
Name change applications, like most court records, are typically public. By law, the only identifying information Final Order of Name Change may contain is your former name or names, your new name, and your current address.[4]
However, if you believe that making your name change public would present a serious threat to the health and safety of you or your immediate family, you can request that the court seal the proceedings.[5] If granted by a judge, you will be able to receive an amended birth certificate that does not reveal your former name.
Driver’s License
If you’ve recently changed your name, one of the first things you’ll want to update is your driver’s license. In order to change your name on your Virginia driver’s license, download and complete the Driver’s License and Identification Card Application. Bring this form to your local DMV office and present your current driver’s license. You will also need to bring two documents to prove your identification, such as a birth certificate or passport, and proof of your name change, i.e., marriage certificate, divorce decree, or court order. The fee is $32.[6]
Voter Registration
Another important update after you’ve made 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 process online, enter your current voter information. Follow the prompts to complete the name change update.
Alternatively, download and complete the Virginia Voter Registration Application. Print the form and mail it to your local registrar, or mail it to the following address:
Virginia Department of Elections
1100 Bank Street
Richmond, VA 23219