Legal Question in Family Law in Virginia

Name Change after divorce

This question is actually for my brother who does not have access to a computer. He is going thru a divorce and does not want his wife to keep his last name. Can she be made to take her maiden name back since he does not want her to carry his last name due to legal issues she has gotten into? Thanks and have a nice day!


Asked on 6/13/05, 9:07 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Name Change after divorce

I have not done any research on Virginia law regarding this issue, but my best guess is that nobody has a right to tell his ex (or anyone else) what name he or she may or may not go by. You hear all the time about people who have gone to court to have themselves renamed with monickers such as "Obiwan Kenobi" or "Jesus Christ." Seriously, if you want some free entertainment, sit in a courtroom when they are doing change-of-name petitions. But I digress. I sympathize with you. But there is nothing to be done about it.

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Answered on 6/13/05, 10:19 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Name Change after divorce

The answer to your question is governed by Virginia Code Sections 8.01-207 governing how a person's name may be changed and Section 20-121.4 Restoration of former name in a divorce case.

Changing your name back to your maiden name is permissable as part of a divorce case under 20-121.4 but only if it conforms to 8.01-207. 8.01-207 has all of the requirements. You may find the Virginia Code online at a number of different sites.

The answer to your question after reading the statutes is that the only person who can ask for a name change is the person wishing their name changed or a parent on behalf of a minor.

Your question asks "can she be made..." I say no. She can keep his name is she wants it.

Sorry but good luck.

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Answered on 6/13/05, 3:22 pm


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