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West Virginia Name Change Petition

In West Virginia an adult files a name change petition in the circuit court or family court of the county where they live, and publishes notice of the application as a Class I legal advertisement at least ten days before the hearing. Attorney review available.

Introduction

A name change petition is the court document an adult files to legally change their own name, and West Virginia's notice rule is lighter than most: a single Class I legal advertisement at least ten days before the hearing, not the multi-week newspaper run other states demand. In West Virginia you file a verified petition in the circuit court or family court of the county where you live (West Virginia Code Section 48-25-101). To file, you must be a bona fide resident of that county for at least one year before filing (Section 48-25-101). West Virginia requires you to publish notice of the application as a Class I legal advertisement under Article 3, Chapter 59, at least ten days before the hearing to consider the application (Section 48-25-101). A Class I legal advertisement is a single newspaper publication, not a multi-week run. If your petition shows the change is requested to protect your identity for personal safety reasons, your new name need not be published in the notice, and on good cause shown the hearing may be closed (Section 48-25-101). At the hearing, any person likely to be injured by the change may appear and be heard (Section 48-25-102), and the court may order the change only if no injury will be done and reasonable and proper cause exists with no fraudulent or evil intent (Section 48-25-103). After the order is signed, you use a certified copy to update Social Security, your West Virginia driver's license, and other records. DocDraft builds your West Virginia name change petition from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    A name change petition is the court document an adult files to legally change their own name; in West Virginia a judge may order it only after finding no one will be injured and that reasonable and proper cause exists, and that order makes the new name legal.

  2. 2

    You file a verified petition in the circuit court or family court of the county where you live (West Virginia Code Section 48-25-101).

  3. 3

    You must be a bona fide resident of the county for at least one year before you file (West Virginia Code Section 48-25-101); a narrow exception covers a nonresident who was born and married in the county and previously lived there at least fifteen years.

  4. 4

    West Virginia requires you to publish notice of the application as a Class I legal advertisement under Article 3, Chapter 59, at least ten days before the hearing (West Virginia Code Section 48-25-101). A Class I advertisement is a single publication, not a multi-week run.

  5. 5

    If your petition shows the change is requested to protect your identity for personal safety reasons, your new name need not be published in the notice, and on good cause shown the hearing may be closed (West Virginia Code Section 48-25-101).

  6. 6

    The petition is verified and must affirm the change is not to avoid debts, creditors, or legal obligations, that you are not a registered sex offender or a convicted felon, and that it is not for an illegal purpose (West Virginia Code Section 48-25-101 and Section 48-25-103).

  7. 7

    After the order is signed, order a certified copy from the clerk to update Social Security, your West Virginia driver's license or ID, your passport, 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 West Virginia, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.

Open the Name Change Petition guide

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IN THE CIRCUIT COURT [OR FAMILY COURT] OF [COUNTY] COUNTY, WEST VIRGINIA

In re the Change of Name of [CURRENT LEGAL NAME], Petitioner.

Civil Action No. ______________

VERIFIED PETITION FOR CHANGE OF NAME (West Virginia Code Section 48-25-101 et seq.)

Petitioner, being duly sworn, respectfully states:

  1. Petitioner. Petitioner's current legal name is [CURRENT LEGAL NAME]. Petitioner is over 18 years of age and resides at [STREET ADDRESS], [CITY], [COUNTY] County, West Virginia.

  2. Residence and venue. Petitioner has been a bona fide resident of [COUNTY] County for at least one year before the filing of this petition, and files in the circuit court or family court of the county where petitioner resides, as required by West Virginia Code Section 48-25-101.

  3. Current and proposed name. Petitioner asks the Court to change petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME].

  4. Reason. The reason for the requested change is [REASON, for example to use a name petitioner has long gone by, following a divorce, or to align petitioner's legal name with petitioner's identity].

  5. Good faith and no fraud. This petition is made in good faith and is not to avoid or defraud any creditor, to evade any debt, legal obligation, judgment, or criminal record, or for any fraudulent, illegal, or evil intent. Petitioner is not a registered sex offender and is not a convicted felon, and does not seek this change to evade law enforcement (West Virginia Code Section 48-25-101 and Section 48-25-103).

  6. Personal safety. Petitioner [does / does not] request that petitioner's identity be protected for personal safety reasons. If protection is requested, petitioner asks that the new name not be published in the notice and, on good cause shown, that the hearing be closed (West Virginia Code Section 48-25-101).

  7. Notice by publication. Unless the Court excuses publication of the new name for personal safety, petitioner will publish notice of this application as a Class I legal advertisement, in compliance with Article 3, Chapter 59, at least ten days before the hearing to consider this application (West Virginia Code Section 48-25-101).

WHEREFORE, petitioner asks the Court to enter an order changing petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME], and for any further relief the Court finds proper.

Dated: [DATE]

[CURRENT LEGAL NAME], Petitioner

VERIFICATION

I declare under penalty of perjury under the laws of the State of West Virginia that the statements in the foregoing petition are true and correct.

Dated: [DATE]

[CURRENT LEGAL NAME], Petitioner

Note: This is a West Virginia adult name change petition drawn from West Virginia Code Section 48-25-101 et seq. West Virginia sets the court (circuit court or family court of the county where you live), the one-year county residency requirement, and the publication rule (notice published as a Class I legal advertisement at least ten days before the hearing, with the new name omitted where the petition seeks to protect the petitioner's identity for personal safety). The filing fee is set by the court and a fee waiver is available; confirm the current fee with your clerk. For the generic template and other states, see the Name Change Petition hub.

West Virginia Requirements for Name Change Petition

Circuit Court or Family Court in Your County

An adult name change in West Virginia is filed in the circuit court or family court of the county where the petitioner resides. The verified petition is filed in that county (West Virginia Code Section 48-25-101), and the court may order the change only if the statutory conditions are met (West Virginia Code Section 48-25-103).

One-Year County Residency

You must be a bona fide resident of the county for at least one year before filing the petition (West Virginia Code Section 48-25-101). A narrow exception lets a nonresident who was born and married in the county and previously resided there at least fifteen years file in that county. The petition states that you meet the county residency requirement.

Publish Notice as a Class I Legal Advertisement

West Virginia requires notice of the application to be published as a Class I legal advertisement, in compliance with Article 3, Chapter 59, at least ten days before the hearing to consider the application (West Virginia Code Section 48-25-101). A Class I advertisement is a single publication in a qualified county newspaper, not a multi-week run.

Current Name and Proposed New Name

The verified petition must state your current legal name and the exact new name you are requesting, along with your residence and the reason for the change (West Virginia Code Section 48-25-101). The court changes the name from the current name to the proposed name in its order.

Reason for the Change

The petition must state the reason for the requested name change (West Virginia Code Section 48-25-101). The court may order the change only if satisfied that reasonable and proper cause exists and that the change is not desired because of any fraudulent or evil intent (West Virginia Code Section 48-25-103).

Good Faith, No Fraud, and Eligibility

The verified petition must affirm the change is not to avoid debts, creditors, or legal obligations, that you are not a registered sex offender or a convicted felon, and that it is not for an illegal purpose (West Virginia Code Section 48-25-101). The statute bars a change for incarcerated felons, sex-offender registrants, and, for ten years after release, persons convicted of first degree murder or certain violent felonies (West Virginia Code Section 48-25-103).

Hearing and Objections

The published notice names the time and place of the hearing to consider the application. Any person likely to be injured by the change, or who knows a reason it should not be granted, may appear and be heard in opposition (West Virginia Code Section 48-25-102). On good cause shown, and where the petition seeks to protect your identity for personal safety, the hearing may be closed (West Virginia Code Section 48-25-101).

Personal Safety, Certified Copies, and Fee

If the petition shows the change is requested to protect your identity for personal safety reasons, your new name need not be published in the notice (West Virginia Code Section 48-25-101). After the order is signed, order a certified copy from the clerk to update Social Security, your West Virginia driver's license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver is available.

Frequently Asked Questions

A name change petition is the court document an adult files in West Virginia to legally change their own name. You state your current legal name and the new name you want, confirm you have lived in the county for at least one year, give the reason, and swear the change is not to defraud anyone or evade the law. After notice is published and a hearing is held, a judge may order the change (West Virginia Code Section 48-25-101 and Section 48-25-103).

In West Virginia you file a verified Petition for Change of Name in the circuit court or family court of the county where you live, pay the filing fee or request a fee waiver, and publish notice of the application as a Class I legal advertisement at least ten days before the hearing (West Virginia Code Section 48-25-101). At the hearing the court may order the change if no injury will be done and reasonable and proper cause exists (Section 48-25-103). You then use a certified copy of the order to update your records.

Usually yes. West Virginia requires notice of the application to be published as a Class I legal advertisement, in compliance with Article 3, Chapter 59, at least ten days before the hearing to consider the application (West Virginia Code Section 48-25-101). A Class I advertisement is a single publication in a qualified county newspaper, not a multi-week run. If your petition shows the change is requested to protect your identity for personal safety reasons, your new name need not be published in the notice (Section 48-25-101).

An adult name change in West Virginia is heard by the circuit court or the family court of the county where the petitioner resides (West Virginia Code Section 48-25-101). You file the verified petition in the county where you live, so filing in the wrong county can delay your case. The court may order the change only if it is satisfied the statutory conditions are met (Section 48-25-103).

Yes. To file in West Virginia you must be a bona fide resident of the county for at least one year before you file the petition (West Virginia Code Section 48-25-101). A narrow exception lets a nonresident who was born and married in the county and previously resided there for at least fifteen years file in that county. The petition states that you meet the county residency requirement.

Yes. West Virginia sets a hearing to consider the application, and the published notice names the time and place. Any person likely to be injured by the change, or who knows a reason it should not be granted, may appear and be heard in opposition (West Virginia Code Section 48-25-102). On good cause shown, and where the petition seeks to protect your identity for personal safety reasons, the hearing may be closed (Section 48-25-101).

Yes. A West Virginia court may order the change only if satisfied that no injury will be done to any person and that reasonable and proper cause exists, and that the change is not desired because of any fraudulent or evil intent (West Virginia Code Section 48-25-103). The statute bars a change for incarcerated felons, sex-offender registrants, and, for ten years after release, persons convicted of first degree murder or certain violent felonies (Section 48-25-103).

Once the court signs the order changing your name (West Virginia Code Section 48-25-103), order a certified copy from the clerk. Use it to update your Social Security record first, then your West 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.