Change Your Name in West Virginia

Changing your name in West Virginia is a bit more difficult than other states, as you do not have the option of filling out a standardized form. Once you change your name with the state, you also need to work with other agencies. For instance, you need to contact the Social Security Administration (SSA), as well as the Department of Motor Vehicles in West Virginia.

Steps

Changing Your Name

  1. Hire a lawyer or write the petition yourself. West Virginia doesn't have a standard Petition to Change Name form. Instead, you must write the petition yourself, including the information required by the state. If you don't feel confident doing that, you may want to hire a lawyer to go through the process for you. However, be aware that lawyers can be very expensive very quickly.[1]
  2. Begin by stating your residency. You file in the county you live in, and you must have lived in that county for a year prior to filing. Therefore, you begin with that for your petition.[2]
    • For instance, you could begin, "I have lived at the address 1234 Barge Street, Logan, West Virginia, 12345 in Logan County for the past 5 years."
    • One exception to the residency rules exists. You could have lived previously (but not currently) in the county, as long as it was for 15 years or more and you were married in the county. However, you still need to make a statement to that effect.[3]
  3. State your new name. In your petition, you must include both your old name and your desired new name. Also, you must give the reason you are changing your name.[4] For instance, you could write, "Currently, my legal name is John Doe Smith, but I wish to be legally known as Joseph Doe Smith, in deference to my late father." You can change your name for any number of reasons, from personal preference to protecting yourself after coming out of an abusive relationship.
  4. Affirm you are not evading legal matters. You must not be changing your name to get out of debt. You must also not be a sex offender or incarcerated as a felon. You must not be trying to avoid legal entanglements with state or federal authorities or choosing a new name to serve an illegal purpose.[5]
    • As an example, you could write: "I affirm that I have never been convicted of a felony and that I am not a registered sex offender. I am not trying to evade creditors or the law at any level. I do not wish to change my name for an illegal purpose."
    • You also need to note whether or not you are changing your name to help protect yourself from harm. For instance, you could write: "I am changing my name because I was in an abusive relationship, and I wish to protect myself from harm."
  5. File the petition with the court. Find your local district court, and file your petition with the court. You will likely have to pay a fee for the filing, most likely $15 as of 2015, though check with your local court.[6] A hearing will be scheduled for your petition.[7]
  6. Place a legal advertisement. This advertisement must run at least a week and a half before your hearing in the county of your hearing. You must include the time and place of your hearing, as well as your old name and the new name you are requesting. You must also state the purpose of the hearing and that the hearing can be rescheduled without notice. The one exception is you can exclude your new name if you are requesting a name change to protect yourself from harm.[8]
    • The reason for this advertisement is people may appear in court and object to your name change.[9] You will only need to publish the advertisement one time.[10]
    • You can choose any newspaper you wish in the correct county, as long as it is published at least 50 weeks out of the year, has been in circulation at least 1 year, has a wide enough range to provide notice to most of the people in the area, and is more than four pages long.[11]
  7. Attend the court hearing. You must appear before the court and affirm what you've given in the petition is true. The judge will likely have other questions for you, as well.[12] You will need a government-issued photo ID at the very least to prove your identity, and you may also need a birth certificate.
  8. Understand reasons you may not be able to change your name. You cannot be granted a name change if you are still in prison for a felony. If you've been convicted of first-degree murder, you cannot change your name for 10 years after being released from prison. Also, if the court finds you are trying to change your name for any illegal reason, such as evading creditors, you will also be denied the name change.[13]
  9. Accept the papers. The clerk of the county commission will record the order. You may need to pay an additional fee at this point. You will be given a copy of the order to present as a legal testament of your new name.[14]

Changing Your Name With Social Security

  1. Change your name with the Social Security Administration. It's important to begin quickly, as most of the places you'll need to change your name will require your social security information be up-to-date. In addition, the SSA prefers your court documentation to be recent.[15]
  2. Download the form to print out. The SSA has the form you need on its website. All you need to do is find it and print it. You must print it, as you either need to take the form in person or send it in by mail. If you prefer, you can get the form at the SSA office in your area.[16]
  3. Fill out the form. The form requests basic information, such as your name and your address. It also asks for your parents' names. Fill in all the information requested.[17]
  4. Pull your materials together. To prove your citizenship, find or request a certified copy of your birth certificate to include in your documents. If necessary, your passport may suffice.[18] In addition, your court order changing your name will also need to be part of the documents.[19]
  5. Take your form in person. If possible, the best way to ensure everything is correct is take the forms in yourself to your local SSA office. You can find the local SSA office through the official website.[20] The clerk will assist you in assessing whether you have everything right.[21] If you don't have the time or are house-bound, mail your information to your local SSA office instead.[22] You do not have to pay to file this form.[23]
  6. Wait a week and a half. The process takes at least 10 business days once you have the correct documentation. Your new social security card will come in the mail.[24]
  7. Don't forget other accounts. You'll need to change your name with your bank, on your credit cards, with your mortgage company or on your lease agreement, at your workplace, and/or your school, just to name a few. Present your court documents and your social security card to make the process easier.

Changing your Name With the DMV

  1. Decide what type of license you want. In West Virginia, you can pick either a Not For Federal Use driver's license or a REAL ID/For Federal Use driver's license. The second meets all the requirements for an ID across the nation.[25] The REAL ID is a federally mandated program aimed at making photo IDs such as driver's licenses more secure.[26]
  2. Pick the appropriate form. Essentially, you are filling out an application for a new license. Pick either the form for the Not For Federal Use driver's license or the form for the REAL ID/For Federal Use driver's license.[27]
  3. Fill in the form. You will need basic biographical information. You will also have to answer some medical questions related to driving, as well as information about your driving record. Be sure to check "duplicate" on the form, since you are not a first-time applicant.
  4. Gather documentation. You will need the form, proof of identity, the court order changing your name, and a proof of residency for a West Virginia Not For Federal Use driver's license. If you've moved since your last license was given to you, you'll need two proofs of residency. For a REAL ID, you'll need the form, proof of identity, the court order documents, your new social security card, and two proofs of residency.[28]
    • To prove your residency, you can use items such as a utility bill, a voter registration card, a W-2 within the last year and a half, or a West Virginia mortgage document.[29]
    • The duplicate license will cost you $7.50 unless you opt for the federal version, which will cost you an additional $10.[30]
  5. Take your documentation in. Go to a license-issuing office in your area. The clerk will assist you in finishing what you need, and you will be issued a new license.[31]
  6. Don't forget your other accounts. Social security and your driver's license are two of the most important changes you need to make. However, you also need to change other accounts with your new name, such as your bank account and credit cards. You'll also need to change your name with places such as your work or your university. Take your documentation with you, including your new social security card and driver's license.

Changing a Minor's Name

  1. File a Petition for Change of Name of Minor. In West Virginia, a parent of a child can petition the court in order to change the name of that child.[32] You, as one of the parents of the minor, will need to file the petition in the county where the child lives.[33] To access the correct form, go to your local courthouse or look online. Once you have the form, you will need to fill it out completely and accurately. State law requires the petition to contain:
    • An affirmation of residency;
    • An explanation of the name change;
    • The desired new name; and
    • An affirmation that the new name is not for the purpose of evading the law and that the minor is not a sex offender.[34]
  2. Get the minor's consent. In some cases, depending on the age of the child, you may have to get the minor's consent before the name can be changed.[35] If you have to get the child's consent, have them sign the petition and state that they agree with the name change being proposed.
  3. Pay the filing fee. When you file your petition, you will have to pay a filing fee. Each county will have different fees, so be sure you check with your local court before filing. In Jefferson County, for example, the filing fee is $200.00.[36]
    • If you cannot afford the filing fee, you may be able to get it waived. In most cases, you will have to show proof of your inability to pay by submitting pay stubs, bank statements, and statements of public benefits.
  4. Publish a formal notice. After filing, you will have to publish a notice of the petition in the county where you filed.[37] The notice must contain the person's current name and proposed name.[38]
    • Any person likely to be injured by the name change has a legal right to attend the hearing and present their concerns.[39]
  5. Attend your court hearing. On the day of your hearing, you will be required to speak in front of a judge and discuss the possible name change. In addition, any opposing parties may show up and state their case as well. In the end, the judge will have to determine whether the name change is in the best interest of the child and the public.[40] Also, the judge will have to conclude that the name is not being changed for any illegal or improper purpose.[41]
    • If the judge is convinced that the name change should be allowed, the judge will make a court order approving of the change.
  6. Record your court order. Once you receive the judge's order allowing the name change, you will need to have it recorded with the office of the clerk of the county commission of the county where the minor lives.[42]
    • When you record the order, the clerk will charge you a fee of $15.00.[43] [44]
    • After you record the order, the name change will be official.[45]

Related Articles

References

  1. ↑ http://family-law.freeadvice.com/family-law/name-change/west-virginia-name-change.htm
  2. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  3. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  4. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  5. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  6. ↑ http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=59&art=1&section=10
  7. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  8. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  9. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  10. ↑ http://www.legis.state.wv.us/wvcode/Code.cfm?chap=59&art=3#03
  11. ↑ http://www.legis.state.wv.us/wvcode/Code.cfm?chap=59&art=3#03
  12. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  13. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  14. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  15. ↑ http://www.socialsecurity.gov/forms/ss-5.pdf
  16. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-01981
  17. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-01981
  18. ↑ http://www.socialsecurity.gov/ssnumber/ss5doc.htm
  19. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-01981
  20. ↑ http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=59&art=1&section=10
  21. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-01981
  22. ↑ https://secure.ssa.gov/ICON/main.jsp
  23. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-01981
  24. ↑ https://faq.ssa.gov/en-US/Topic/article/KA-02196
  25. ↑ http://www.transportation.wv.gov/DMV/Drivers/Pages/Drivers-Licenses.aspx
  26. ↑ http://www.dhs.gov/real-id-public-faqs
  27. ↑ http://www.transportation.wv.gov/dmv/Forms/Pages/default.aspx#Drive
  28. ↑ http://www.transportation.wv.gov/DMV/Drivers/Pages/Drivers-Licenses.aspx
  29. ↑ http://www.transportation.wv.gov/DMV/Drivers/Pages/Drivers-Licenses.aspx
  30. ↑ https://transportation.wv.gov/DMV/Drivers/Pages/Renewal-Fees.aspx
  31. ↑ http://www.transportation.wv.gov/DMV/Drivers/Pages/Drivers-Licenses.aspx
  32. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  33. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  34. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  35. ↑ https://www.ilrg.com/forms/namechange-minor/us/wv
  36. ↑ http://www.jeffcowvcircuitclerk.com/fees.html
  37. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  38. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  39. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  40. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  41. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  42. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  43. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
  44. ↑ http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=59&art=1&section=10
  45. ↑ http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=25
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