By Melannie Dino

Do you want to change your legal name? If you are an adult over the age of 18 and you want to change your name, you may be able to do so by filing a petition within the County and State of which you reside.

Section 8.01-217 of the 1950 Code of Virginia, as amended, permits a party to change his/her name provided that the party is not on probation, a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required, or an incarcerated person unless the court finds good cause exists for consideration of such application. The Court must determine upon receiving the application that the requested change of name would not frustrate a legitimate law-enforcement purpose, that the name change is not being sought for a fraudulent purpose, and that changing the name would not otherwise infringe upon the rights of others.

If you are not incarcerated, on probation, incapacitated, or required to register your name with the Sex Offender and Crimes Against Minors Registry, changing your name can be accomplished relatively simply. To do so you would need to file a petition and submit a proposed Order along with the required application fee. You will need to include in the petition information about your birth name, address, date of birth, place of birth, prior names you have held, your parents full names (including maiden name), the purpose you are seeking the change, and you would be required to attest under oath before a notary public that you have never been convicted of a felony, that you are not on probation or incarcerated, that you are not a person for whom registration with eh Sex Offender and Crimes Against Minors Registry is required, that the name change would not frustrate a legitimate law-enforcement purpose, is not being sought for a fraudulent purpose, and that the name change would not infringe on others, and specify all prior names you have held.

Upon receipt of the application and Petition, the Court will review the purpose for which you are seeking the name change. Depending on the reason for the requested name change, the Court may require a hearing be conducted and for evidence, possibly including live testimony from you, to be taken concerning the circumstances regarding the requested change of name. If the Court determines after the hearing and review of the evidence that the name change is proper, the Court will enter the Order granting the request and specifying the written findings of the Court and the basis for granting the Order.

If you desire a name change, we have experienced attorneys at Steven Krieger Law, PLLC who can assist you in reviewing your case and assisting you in submission of the application.