Virginia Name Change Petition
In Virginia an adult files a name change application in the circuit court of the county or city where they live, and no newspaper publication is required. Attorney review available.
Introduction
A name change petition is the court document an adult files to legally change their own name, and Virginia, which calls it an application, requires no newspaper notice and lets the circuit court order the change on the sworn application alone unless someone demands a hearing. In Virginia you file the application in the circuit court of the county or city where you live (Virginia Code Section 8.01-217). Unlike many states, Virginia does not require you to publish notice of the change in a newspaper; the same statute sets out the entire application-and-order process and contains no publication step. The application is made under oath and must state your place of residence, the names of both parents including your mother's maiden name, your date and place of birth, your felony conviction record if any, and whether you are required to register with the Sex Offender and Crimes Against Minors Registry (Virginia Code Section 8.01-217). The court orders the change on the application, with a hearing only if one is demanded, unless the evidence shows the change is sought for a fraudulent purpose or would infringe the rights of others (Virginia Code Section 8.01-217). For safety, if a public record of the change would pose a serious threat to your health or safety or that of your immediate family, the chief judge may waive the oath requirement or the court may seal the record (Virginia Code Section 8.01-217). After the order is signed, you use a certified copy to update Social Security, your Virginia driver's license, and other records. DocDraft builds your Virginia name change application from your facts, with attorney review available before you file.
Key Things to Know
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A name change petition, called an application in Virginia, is the court document an adult files to legally change their own name; you make it under oath, listing your parents' names and your mother's maiden name, before a judge's order makes the new name legal.
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You file the application in the circuit court of the county or city where you live (Virginia Code Section 8.01-217).
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Virginia does not require newspaper publication of an adult name change; Virginia Code Section 8.01-217 sets out the whole process and includes no publication step.
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The application is made under oath and must state your place of residence, both parents' names including your mother's maiden name, your date and place of birth, your felony conviction record if any, and whether you must register with the Sex Offender and Crimes Against Minors Registry (Virginia Code Section 8.01-217).
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The court orders the change on the application, with a hearing only if one is demanded, unless the evidence shows the change is sought for a fraudulent purpose or would infringe the rights of others (Virginia Code Section 8.01-217).
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For safety, if a public record would create a serious threat to the health or safety of you or your immediate family, the chief judge may waive the oath requirement or the court may order the record sealed (Virginia Code Section 8.01-217).
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After the order is signed, order certified copies from the clerk to update Social Security, your Virginia driver's license or ID, and other records. The filing fee is set by the court and a fee waiver is available if you cannot afford it.
Key decisions before you file
Before you file a Name Change Petition in Virginia, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.
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Virginia Requirements for Name Change Petition
An adult name change in Virginia is filed in the circuit court of the county or city where the applicant resides. Any person desiring to change his own name may apply to the circuit court of the county or city in which the person whose name is to be changed resides (Virginia Code Section 8.01-217). An incarcerated person applies to the circuit court of the county or city where they are incarcerated.
You apply in the circuit court of the county or city where you reside (Virginia Code Section 8.01-217). Virginia sets no fixed durational residency period for a name change; the requirement is that you reside in the county or city where you file, and your sworn application must state your place of residence.
Virginia does not require an adult to publish notice of a name change in a newspaper. Virginia Code Section 8.01-217 sets out the complete application-and-order process and contains no publication requirement, so the court can order the change on your sworn application without weeks of newspaper notice.
The application must be made under oath and state your place of residence, the names of both parents including your mother's maiden name, your date and place of birth, your felony conviction record if any, and whether you are required to register with the Sex Offender and Crimes Against Minors Registry (Virginia Code Section 8.01-217).
State your present legal name and the exact new name you are requesting. On the application, the court enters an order changing the name from your present name to the proposed name (Virginia Code Section 8.01-217). The reason for the change should also be stated.
State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. A Virginia court orders the change unless the evidence shows it is sought for a fraudulent purpose or would otherwise infringe upon the rights of others (Virginia Code Section 8.01-217).
The circuit court orders the change on your application, and a hearing is held only if one is demanded (Virginia Code Section 8.01-217). For an applicant who is incarcerated, on probation or supervision, or required to register as a sex offender, the court must find the change would not frustrate a legitimate law-enforcement purpose after notice to the attorney for the Commonwealth.
After the order is signed, order certified copies from the clerk and use them to update Social Security, your Virginia driver's license or ID, your passport, and other records. For safety, if a public record would pose a serious threat to your health or safety or that of your immediate family, the chief judge may waive the oath requirement or the court may seal the record (Virginia Code Section 8.01-217). The filing fee is set by the court and a fee waiver is available.
Frequently Asked Questions
A name change petition, called an application in Virginia, is the court document an adult files to legally change their own name. You state your present legal name and the new name you want, give your residence, both parents' names including your mother's maiden name, your date and place of birth, and any felony record, and you swear the change is not for a fraudulent purpose. The circuit court then orders the change unless it would be fraudulent or infringe the rights of others (Virginia Code Section 8.01-217).
In Virginia you file an application for change of name, under oath, in the circuit court of the county or city where you live, and pay the filing fee or request a fee waiver (Virginia Code Section 8.01-217). Virginia requires no newspaper publication. The court orders the change on the application, with a hearing only if one is demanded, unless the change is sought for a fraudulent purpose or would infringe the rights of others. You then use a certified copy of the order to update your records.
No. Virginia does not require an adult to publish notice of a name change in a newspaper. Virginia Code Section 8.01-217 sets out the complete application-and-order process for an adult name change and contains no publication requirement, which is one way Virginia differs from states that require weeks of newspaper notice before a hearing. The court can order the change based on your sworn application alone.
An adult name change in Virginia is handled by the circuit court. You apply to the circuit court of the county or city where you reside (Virginia Code Section 8.01-217). An incarcerated person applies to the circuit court of the county or city where they are incarcerated. Filing in the wrong court can delay your case, so file where you live.
Virginia requires you to apply in the circuit court of the county or city where you reside (Virginia Code Section 8.01-217). The statute does not set a fixed number of months you must have lived in Virginia or the locality before filing; the key requirement is that you reside in the county or city where you file. Your sworn application must state your place of residence.
Usually no. In Virginia the circuit court orders the change on the application, and a hearing is held only if one is demanded (Virginia Code Section 8.01-217). The court grants the change unless the evidence shows it is sought for a fraudulent purpose or would infringe the rights of others, so most uncontested adult applications are decided on the papers.
Yes. If you show cause to believe that a public record of the change would create a serious threat to the health or safety of you or your immediate family, the chief judge of the circuit court may waive the requirement that the application be under oath, or the court may order the record sealed (Virginia Code Section 8.01-217). This provision protects applicants such as survivors of domestic violence.
Once the circuit court signs the order changing your name under Virginia Code Section 8.01-217, order several certified copies from the clerk. Use them to update your Social Security record first, then your Virginia driver's license or ID, your passport, and then banks, employers, and other accounts. Each agency has its own process, but the certified order is the document that proves your new legal name. Keep at least one certified copy for your records.