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:
In Virginia, you can change your name by applying to the circuit court in your county or city of residence. If you don't have a residence, you can apply to any circuit court. Your application must be under oath and include your residence, your parents' names (including your mother's maiden name), your date and place of birth, your felony conviction record (if any), and whether you are currently incarcerated or on probation. The court will grant your request unless it finds that the name change is for fraudulent purposes or infringes on others' rights.
The court's order will include only your former name, new name, and current address. The clerk will record the order and send a certified copy to the State Registrar of Vital Records and the Central Criminal Records Exchange. However, if you are changing your name back to your maiden name after marriage, you do not need to send this information to those agencies (Va. Code § 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.