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Name Change
Can my husband change his name after a murder conviction?

Can my husband change his name after a murder conviction?

Q: How long does a name change take in West Virginia?

The duration for a name change in West Virginia can vary. Generally, after filing a petition, a hearing is scheduled, which may take several weeks. If the name change is contested or if there are legal complications, it could take longer. It’s advisable to check with the local court for specific timelines and procedures.

Q: What factors does the court consider for a name change?

When considering a name change in West Virginia, the court evaluates several factors, including the reason for the name change, any potential fraud or misrepresentation, and the individual's criminal history. The court aims to ensure that the name change is not intended to escape legal responsibilities or obligations.

Q: Is there a fee for changing your name in West Virginia?

Yes, there is typically a fee associated with filing a name change petition in West Virginia. The amount can vary by county and may include court costs and additional fees for publishing the name change in a local newspaper. It's best to check with the local court for the exact fees involved.

Full question:

My husband has been released from jail now. He was convicted of murdering his friend by poison. Moving forward we want to live peacefully. Can he change his name so that we can live without the burden of his past?

Category: Name Change
Date: 04/07/2025
State: West Virginia

Answer:

In West Virginia, a person can apply to the court for a name change. However, if the person was convicted of first-degree murder, the court will not grant the name change for ten years after their release from imprisonment or parole, whichever is later. This is outlined in W. Va. Code § 48-25-103(d). Since your husband was convicted of murdering his friend by poison, he cannot change his name until the ten-year period has passed after his discharge.

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.

FAQs

What are the requirements for changing a name in West Virginia?

In West Virginia, to change your name, you must file a petition with the court. The petition should include your current name, the desired new name, and the reasons for the change. Additionally, if the person has a criminal conviction, the court may impose a waiting period before granting the name change. It's important to consult with an attorney to ensure all requirements are met and to understand any potential legal implications.

How long does a name change take in West Virginia?

Can a convicted felon change their name in West Virginia?

Yes, a convicted felon can apply for a name change in West Virginia. However, if the conviction is for a serious crime like first-degree murder, there is a waiting period of ten years after release from imprisonment or parole before the court will consider the name change request. This is outlined in W. Va. Code § 48-25-103(d).