Legal Question in Family Law in Virginia

name change in non resident state

I lived in Virginia for 12 years.

I moved to NY when my business failed the begining of 2005.

I am getting married in Virginia the end of July 2005

I am interested in changing my first name as well as my last name when I get married.

I went to the County clerk in Virginia and he questioned if I can change my name in Virginia since I now have a NY drivers license. He suggested that I find out if I can legally get my name change in a state where I am not currently a resident. I want to do both at the same time so that I can change all my ID's, etc at one time.

Is is legal for me to change my name in Virginia?

The list of questions was not responding. If this is a repeat, I appologize for taking up your time.


Asked on 7/08/05, 2:17 pm

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: name change in non resident state

A link to the Virginia Code Searchable data base is as follows: http://www.lawguru.com/cgi/bbs/atty/approveAndReply.cgi?id=466390890 It will bring you to � 8.01-217. How name of person may be changed.

The relevant language is "may apply therefor to the circuit court of the county or city in which the person whose name is to be changed resides, or if no place of abode exists, such person may apply to any circuit court which shall consider such application if it finds that good cause exists therefor under the circumstances alleged" So it seems that you can apply to have your name changed anywhere in Va. Even as part of a divorce case you still must petition to have your name changed under this statute.

Good luck

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Answered on 7/09/05, 5:25 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: name change in non resident state

What you have failed to clarify in your question is, having now returned to Virginia to marry at the end of this July, whether you have also returned here with the intention of now establishing the Commonwealth as your domicile, meaning your state of permanent residence.

If so, you should be able to pick up the packet of forms entitled "Name Change for an Adult" in the clerk's office of the circuit court in the city or county where you will make your residence and which has instructions as to how to fill out and submit the forms to have your name legally changed.

You should be able to do this on your own and without the assistance of an attorney.

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Answered on 7/08/05, 2:39 pm


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