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Name Change

Incident to marriage, many women assume the surname of their husband. A married woman who has adopted her husband’s name may utilize the Virginia Code to resume her maiden name. Note, however, that there is no statutory authority in Virginia requiring a woman to adopt the surname of her husband upon marriage.

Following dissolution of the marriage, many women want to resume their previous names in an effort to take up their pre-marital identity once again. In order to change one’s name or the name of a child, an individual must apply to the circuit court for the county or city in which the person whose name is to be changed resides. In general, application for name change on behalf of a minor is more complicated than for an adult, and Virginia courts will usually scrutinize the reasons for changing a minor’s name with greater particularity. In a petition for change of name of a minor where both parents are living, both parents must be notified of the petition for name change. If either parent objects to the name change, a court will determine whether the name change is in the “best interests” of the child. As an example of the “best interests” determination, Virginia courts have declined to change a child’s surname to that of his step-father’s at his mother’s request, citing the need for the child to maintain the strongest relationship possible with his divorced father.