Divorce can involve many practical changes, including updating financial accounts, identification documents, insurance records, employment records, and other personal information. For someone who changed their name after marriage, restoring a former name may also be an important part of moving forward after divorce.
If you are wondering how to change your name in Virginia after divorce, the process can depend on whether your divorce decree already includes an order restoring your former or maiden name.
Virginia law specifically provides a process for restoring a former name after divorce, making it important to understand what the divorce decree says before starting a separate name-change proceeding.
Can You Change Your Name Back After Divorce in Virginia?
Yes. Virginia law allows a person who changed their name because of marriage to request restoration of their former or maiden name when the divorce is granted.
Under Virginia Code § 20-121.4, when a Virginia court grants a divorce, it may restore the former or maiden name of a party who changed their name because of the marriage, upon that person's motion. The restoration is made through a separate order meeting the requirements of Virginia's name-change law.
This means that someone who wants to return to a previous surname should consider addressing the issue as part of the divorce proceeding.
Step 1: Review Your Divorce Decree
The first step is to determine whether the final divorce decree or separate name-restoration order already addresses your name.
Virginia DMV states that a divorce decree can be used as proof of a name change when the decree states that the person's name changes from the married name back to the maiden or former name.
If your divorce paperwork already restores your former name, you may not need to file a separate general name-change application simply to return to that former name.
Step 2: Request Restoration of Your Former Name
If you are going through a Virginia divorce and want to resume a former name, you can ask the court to address the name restoration.
The Virginia statute specifically concerns restoration of a name that was changed because of marriage.
This can be different from asking for an entirely new name that you never previously used.
Step 3: What If the Divorce Did Not Restore Your Name?
If your divorce has already been finalized and the decree does not restore your former name, a general legal name-change process may be necessary depending on what name you want to adopt.
Virginia Code § 8.01-217 provides that a person seeking to change their own name may apply to the circuit court of the county or city where they reside. The application must contain information required by the statute, and the court considers whether the requested change should be granted.
For example, an individual who wants to return to a former surname may need to determine whether the divorce documents already provide the necessary legal basis or whether another court filing is appropriate.
Step 4: Obtain Certified Documentation
Once the appropriate order has been entered, obtaining certified copies can be useful when updating government and private records.
You may need proof of the name change for:
- Social Security records
- Virginia driver's license
- Passport
- Bank accounts
- Employer records
- Insurance policies
- Professional licenses
- Medical records
- Property records
- Tax records
Keeping copies of the relevant divorce decree and name-change order can make later updates easier.
Step 5: Update Your Social Security Record
If your legal name has changed, your Social Security record should be updated before changing your Virginia DMV record.
Virginia DMV specifically states that the Social Security Administration must be updated first before visiting DMV for a name change.
This sequencing can help avoid discrepancies between your federal and state identification records.
Step 6: Update Your Virginia Driver's License or ID
After updating your Social Security record, you can proceed with the Virginia DMV name-change process.
Virginia DMV currently requires appropriate proof, such as:
- Divorce decree showing the name restoration
- Marriage or civil union documentation, where applicable
- Court order granting the name change
DMV also notes that multiple documents may be necessary when a person's name history involves more than one change.
Is There a Court Fee for a Divorce-Related Name Change?
Virginia's statutory fee schedule provides a $20 clerk's fee for proceedings under Virginia Code § 8.01-217, but specifically states that the fee does not apply when the change of name is incident to a divorce.
Because court costs and related charges can depend on the circumstances and type of filing, it is sensible to verify current requirements with the relevant Virginia court clerk.
Can You Choose a Completely Different Name?
Restoring a former or maiden name after divorce is one situation. Requesting a completely different name is another.
For a general legal name change, Virginia Code § 8.01-217 governs the application process. The person generally applies in the circuit court for the county or city where they reside, and the application must satisfy statutory requirements.
Therefore, someone who wants to adopt a name unrelated to their former or maiden name may need to follow the broader court-based name-change process.
FAQs
Can I change my last name back to my maiden name after divorce?
Yes. Virginia law permits restoration of a former or maiden name when a person's name was changed because of marriage, subject to the statutory process.
Do I need a separate court order?
It depends on what your divorce decree already provides. If the decree states that your name is restored, it may serve as the documentation needed for subsequent record updates. Virginia DMV specifically recognizes a divorce decree stating the change from a married name to a maiden name.
Do I have to change my name after divorce?
No. Divorce does not require you to change your name. Name restoration is generally a choice.
Can I change my name to something other than my maiden name?
A different name change may require the general Virginia name-change procedure under § 8.01-217 rather than simply restoring a former name through the divorce process.
Conclusion
Understanding how to change your name in Virginia after divorce starts with reviewing your divorce decree and determining whether your former or maiden name was restored through the divorce proceeding.
If the decree already addresses the change, you can use the appropriate certified documentation to update your Social Security and Virginia DMV records. If you want a different name or the divorce paperwork does not address the issue, a separate legal name-change process may be appropriate.
If you need assistance with a Virginia name-change matter after divorce, Mughal Law Firm can discuss your circumstances and explain the applicable legal process.
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