How can I can my last name in Virginia to match the name I have used all my life?
Full Question:
Answer:
In Virginia, an adult may change their name by filing an action in the Circuit Court with appropriate forms.
A person who has attained the age of 18 years is considered an adult and would file for an adult name change. A person who has not attained the age of 18 years is considered a minor, and a parent or guardian would file for the minor's name change.
In most cases the court will grant the requested name change. The court must find that (1) good cause exists for the change of name under the circumstances alleged; (2) that the change of name is not sought for a fraudulent purpose; or, (3) would otherwise infringe upon the rights of others. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations. A person can not change their name to defraud any person.
A minor may not have a voice in whether the court will allow the name change but the court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition. The parents, and legal guardian, if any, are entitled to reasonable notice of the request for name change and will have an opportunity to file any objection they might have to the change of name. If a parent or guardian files a written objection to the name change, the Court will hold a hearing to determine whether the change of name is in the best interests of the child.
Requirements for Name Change Order: For an order of name change to be granted, the court must find (1) good cause exists for the change of name under the circumstances alleged; (2) that the change of name is not sought for a fraudulent purpose; or, (3) would otherwise infringe upon the rights of others. A change of name upon marriage, dissolution, or divorce meets these requirements.
Any reasonable objections to the requested name change made to the court may influence the court's findings as to whether there exists good cause for the change of name, that a fraudulent purpose is absent, and that the change of name will not infringe on the rights of another.
The process for obtaining a name change for an adult in the State of Virginia begins with the filing of the Petition in the Circuit Court in the county or city in which the Petitioner resides.
The Petition will be assigned a case number and this is the number that has to appear on all future documents in the action. After the Petition is reviewed, the Court will notify the Petitioner whether or not the Petition has been granted and the Order signed.
