Virginia Name Change Laws: How to Legally Change Your Name

Virginia covers nearly the entire name-change process, adult petitions, minor petitions, and felony and sex-offender restrictions, in a single, unusually comprehensive statute, Va. Code 8.01-217, filed in circuit court. There is no general newspaper-publication requirement anywhere in the process.

What Virginia uses instead of publication is direct notice: to a non-consenting parent in a minor's case, and to the attorney for the Commonwealth when the applicant is a probationer, a person required to register with the Sex Offender and Crimes Against Minors Registry, or an incarcerated person. That attorney has a genuine 30-day window to respond and represent the Commonwealth's interests, and in registry cases must also make a reasonable effort to notify the victim of the underlying offense.

Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.

How to Legally Change Your Name in Virginia

An adult files an application in the circuit court of the county or city where they reside, under Va. Code 8.01-217. An incarcerated person instead applies in the circuit court of the county or city where they are currently incarcerated. The statute does not set an explicit residency-duration requirement. Venue follows current residence, and a person with no place of abode may apply to any circuit court, which shall consider the application if it finds that good cause exists under the circumstances alleged.

Virginia's Judicial System publishes standardized self-help forms for this process: CC-1411, Application for Change of Name (Adult), and CC-1427, Application for Change of Name (Child). Va. Code 17.1-275(A)(24) sets a statewide clerk's fee of $20 for matters under 8.01-217 relating to a change of name, though that subdivision does not apply where the change of name is incident to a divorce. What varies locally is what gets layered on top: additional local assessments and service-of-process costs. That is why published all-in totals differ. Hanover County lists $41 and Chesapeake lists $44, plus roughly $12 per copy for service of process where that applies. Treat those totals as examples and confirm the current all-in cost with your circuit court clerk.

Virginia's statute was amended in the 2025 legislative session (2025, cc. 206, 220). The current, live text at law.lis.virginia.gov confirms that amendment is already incorporated, and the statutory specifics on this page, including venue, the incarcerated-person venue rule, disclosure requirements, the Commonwealth's Attorney's 30-day window, and the void-ab-initio enforcement mechanism described below, are drawn from that current statutory text.

Changing a Minor's Name

A minor with no living parent or guardian may apply through a next friend acting on their behalf. Where both parents are living, the parent not joining in the petition must be served with reasonable notice and has the right to object. An objection triggers a best-interest-of-the-minor hearing before the court decides whether to grant the change.

Restoring Your Name After Divorce

Virginia integrates divorce-based restoration directly into the general statute rather than creating a separate mechanism. Under Va. Code 20-121.4, when the court decrees a divorce from the bond of matrimony, it restores a party's former or maiden name by separate order, on that party's motion, explicitly applying the formal requirements of 8.01-217. That cross-reference makes Virginia's system unusually integrated compared to states where the two statutes operate independently of each other.

Publication Requirements

Virginia has no newspaper-publication requirement for the general public anywhere in the process. In its place, the law relies on direct service and notice: to a non-consenting parent in a minor's case, described above, and to the attorney for the Commonwealth in probationer, registrant, and incarcerated-person cases, described below. In registry cases there is a third notice channel, running to the victim of the underlying offense.

Restrictions: Felony and Sex-Offender Rules

Subsection B requires the application to disclose the applicant's felony-conviction record, any Sex Offender and Crimes Against Minors Registry obligation, and whether the applicant is currently incarcerated or on probation. Disclosure and the good-cause gate are separate things, and the distinction matters: under subsection D the court cannot accept an application from a person currently on probation, a registrant, or an incarcerated person without a specific finding of good cause to consider it. A past felony conviction that left the applicant off probation, out of custody, and off the registry has to be disclosed but does not by itself trigger that gate.

What makes Virginia distinctive here is procedural. Once the court accepts an application in one of those three categories, it mails or delivers a copy to the attorney for the Commonwealth for the jurisdiction where the application was filed and to the attorney for the Commonwealth of any Virginia jurisdiction where a conviction occurred that produced the probation, the registration requirement, or the incarceration. The attorney for the Commonwealth where the case was filed is entitled to respond and represent the Commonwealth's interests, with a genuine 30-day window to do so. In registry cases the attorney for the Commonwealth must also make a reasonable effort to provide notice to the victim of the offense, or to an immediate family member if the victim has died, and that person may appear personally or by counsel, or file a written statement, arguing that the court should deny the change. The court then holds a hearing and may grant the change only if it finds the new name would not frustrate a legitimate law-enforcement purpose, is not sought for a fraudulent purpose, and would not infringe upon the rights of others. That is a meaningfully more active layer of government review than most other states in this batch build into their restriction process. Subsection E backs it with an unusual enforcement mechanism: the provisions of subsection D are jurisdictional, any order granting a change of name under subsection D that fails to comply with any provision of subsection D is void ab initio, and the attorney for the Commonwealth may bring an independent action at any time to have that order declared void.

Name Change After Marriage

Virginia has no statute dedicated to marriage-based name changes. A spouse who wants to adopt a new name at marriage does so administratively, presenting the marriage certificate to the Social Security Administration and the DMV rather than filing a circuit court application. For the federal-level steps involved, see name change after marriage.

Related Virginia Records

For the marriage certificate or divorce decree that may support a filing, see Virginia marriage and divorce records. For how the state's court system handles filings and case access generally, see Virginia court records. For the broader dissolution process a name restoration is part of, see Virginia divorce laws. For the full agency-by-agency update process once a change is granted, see the name change checklist and how to legally change your name.

Disclaimer

This article provides general information about Virginia name-change law. It is not legal advice and does not create an attorney-client relationship. Fees, forms, and the exact current statutory text change over time; verify current details with your circuit court clerk or a licensed Virginia attorney before relying on anything here for a specific situation.

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Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.