Home / Resources / Legal Name Changes
Legal Name Changes in West Virginia
West Virginia law allows an adult to legally change their name through a straightforward court process. Here is a general look at how it works.
Why People Change Their Name
People seek a legal name change for many ordinary reasons. Some want to return to a former name after a divorce, take on a new family name, correct the spelling of a name, honor a family connection, or simply prefer a different name than the one they were given.
This general court process is separate from the name changes that often happen automatically through marriage or divorce paperwork, which are usually handled through the marriage license or divorce decree rather than a separate petition.
Filing a Petition for Change of Name
An adult who wants to change their name generally files a verified petition with the circuit court (or, in some situations, family court) in the county where they live. The petition typically includes the person's current legal name, age and date of birth, residency information, the name they wish to use going forward, and the reason for the request.
West Virginia law generally requires the petitioner to have resided in the county for at least one year, though there are some exceptions, such as for a person who was born in the county, was married there, or lived there for a longer period in the past.
Key Terms
- Petition
- The formal written request filed with the court asking a judge to approve a name change.
- Verified Petition
- A petition that the person filing has signed under oath, confirming the information in it is true.
Public Notice and the Court Hearing
Before the hearing, West Virginia law generally requires notice of the petition, including the requested new name, to be published in a local newspaper at least ten days before the court date. This gives the public an opportunity to raise an objection if there is a legitimate reason to do so.
At the hearing, the petitioner typically testifies briefly under oath about the information in the petition. If the judge is satisfied that the request is genuine and not being used for an improper purpose, the judge signs an order granting the name change.
When a Name Change May Be Denied
West Virginia law does not allow a name change to be used to avoid debts or creditors, to evade law enforcement or hide a person's identity, or for any other improper or illegal purpose. Petitioners are generally required to state under oath that none of these apply to their request.
Certain individuals also face specific restrictions, including people who are incarcerated for a felony, people required to register as sex offenders, and people convicted of certain serious violent offenses within a set number of years of their release. In some circumstances, such as concern for personal safety, a court may allow a more limited or closed proceeding rather than public notice of the new name.
After the Name Change Is Granted
Once the court signs the order, the name change is legally effective. The person is generally responsible for updating their new legal name with government agencies, such as the Social Security Administration and the DMV, as well as with employers, banks, and other institutions.
The signed court order typically serves as the official proof of the name change needed to update these records.
Common Questions
Do I need a lawyer to change my name in West Virginia?
A lawyer is not required to file a name-change petition, but many people find it helpful to have assistance making sure the petition, notice, and hearing all meet the court's requirements.
How long does the name-change process generally take?
Timing varies by county, but because West Virginia law requires public notice to run for a period before the hearing can be held, the process generally takes several weeks from filing to a final court order.
Can I change a child's name using this same process?
This overview covers adults changing their own name. Changing a minor child's name generally involves additional steps, including notice to both parents, and is treated somewhat differently under West Virginia law.
What if I have safety concerns about my new name being published publicly?
West Virginia courts can, upon a showing of good cause such as a personal safety concern, allow a more limited proceeding that does not require the new name to be published in the newspaper notice.
Will everyone automatically know about my new name once the court approves it?
No. A court order granting a name change does not automatically update your records elsewhere. You are generally responsible for notifying agencies such as the Social Security Administration and the DMV, along with employers, banks, and other institutions, using the signed court order as proof.
This article is provided for general informational purposes and does not constitute legal advice. Laws change, and individual circumstances vary. If you have questions about how West Virginia law applies to your situation, consult a licensed attorney.