One of the last things people think about when they are getting a divorce is changing their last name. Many people change their names, both men and women, to their spouse’s name or hyphenate their name when they get married. 

However, your name will not automatically change back to your unmarried name after a divorce. There are several steps you have to take in order to do that. So what those steps? Please keep in mind this article only addresses adult name changes. Changing a child’s name is much more difficult.

During What Stage of a Divorce Can You Change Your Name?

Technically, an adult can change their name at any time in Virginia. There are very few limitations on changing names. There is a specific procedure for changing a person’s name. This process does not automatically begin when you file for divorce. A name change request is a different piece of paper that you have to file with the Circuit Court. Typically speaking, it is normal to file a name change request after the divorce has been finalized. 

There are many reasons why it is important to wait until after the divorce has been finalized, but there is no requirement that you wait. Technically, it can be filed at any point.

How Do You Legally Change Your Name?

The name change process involves filing a Petition for Change of Name in the Circuit Court in the City or County in which you reside. For example, if you live in Manassas, Virginia, you would file your name change request in Prince William County Circuit Court. If you lived in Winchester, Virginia, you would file your name change request in the Winchester City Circuit Court. There is a filing fee of approximately $35.00 as of 2019.

The Supreme Court of Virginia maintains a blank petition that you can fill out without the help of a lawyer. However, there are several reasons why you may want to have a lawyer help with the process. 

Once you file the petition, it is typically processed within a week or two. There are some situations that may cause delay.

Do You Have To Do Anything Legally After Changing Your Name? Yes.

Just because the judge signs off on your name change petition does not mean that is the end of what you need to do. You must also correct your name in the records of federal and state governments as well as any third parties you may have a contract with. For example, you need to change your name with your credit card companies and your bank.

With respect to government agencies, you will need to change your name with the Social Security Administration, the Internal Revenue Service, the state Department of Revenue and several other government agencies. Failure to update your name may cause delays in services or other repercussions down the road. For a complete list of places to change your name, you should contact an attorney.

When Can a Name Change Be Denied?

Although name change requests for adults are routinely granted, there are some reasons why they can be denied. You are not allowed to seek a name change for fraudulent purposes. For example, you cannot change your name if your only goal is to dodge people you owe money to or to run from court obligations. There may be additional legal consequences if that is why you are trying to change your name.

Why You Need a Lawyer.

It is important to at least talk to a lawyer about changing your name legally. It is important to change your name properly and to notify the appropriate people to avoid any fines, fees or costs that may result from not notifying the appropriate people. If you are considering changing your name, talk to a local lawyer.