Full question:
I am legally separated from my husband and want to resume my maiden name as soon as possible. In Virginia, when would I be able to change it. If it makes a difference, he was charged and pleaded guilty to 2 separate Class 3 Felonies and is incarcerated.
- Category: Name Change
- Date:
- State: Virginia
Answer:
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, or if no place of abode exists, such person may apply to any circuit
court which shall consider such application if it finds that good cause exists
under the circumstances alleged.
Every application shall be under oath and shall include the place of residence
of the applicant, the names of both parents, including the maiden name of
her mother, the date and place of birth of the applicant, the applicant's
felony conviction record, if any, whether the applicant is presently
incarcerated or a probationer with any court, and if the applicant has
previously changed her name.
On any such application and hearing, if such be demanded, the court shall
order a change in the name unless the evidence shows that the change of
name is sought for a fraudulent purpose or would otherwise infringe upon
the rights of others. The order shall contain no identifying information other
than the applicant's former name or names, new name, and current
address. The clerk of the court shall spread the order upon the current deed
book in his office, index it in both the old and new names, and transmit a
certified copy of the order and the application to the State Registrar of Vital
Records and the Central Criminal Records Exchange. Transmittal of a copy
of the order and the application to the State Registrar of Vital Records and
the Central Criminal Records Exchange shall not be required of a person who
changed his or her former name by reason of marriage and who makes
application to resume a former name pursuant to § 20-121.4.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
