West Virginia Petition for Name Change

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A West Virginia petition for name change is the court form that is filled out to allow an individual to request a legal name change. It states that the petitioner is eligible for a name change and that the new name is not being sought for illegal or unethical purposes. Before filing, the petitioner must sign the form before a notary public.

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West Virginia Petition for Name Change

Last updated November 14th, 2025

A West Virginia petition for name change is the court form that is filled out to allow an individual to request a legal name change. It states that the petitioner is eligible for a name change and that the new name is not being sought for illegal or unethical purposes. Before filing, the petitioner must sign the form before a notary public.

Eligibility Requirements

  • Resident of county ≥1 yr, or nonresident born and married there with 15 yrs prior residency
  • Must be at least 18 years old
  • Minors must have petition filed by a parent or guardian
  • Cannot be a registered sex offender or convicted felon
  • The name change must not be for illegal or improper purposes

How to Legally Change a Name in West Virginia

Step 1 – Complete Petition

To start the name change process, the individual must complete a Petition for Name Change and have it verified by a notary public.

Step 2 – File with Court

The completed and notarized Petition must be filed with the circuit court or family court where the petitioner resides.[1] A filing fee is due at the time of filing. Once filed, the petitioner will receive a hearing date.

Step 3 – Publish Hearing Date

At least 10 days before the hearing, the petitioner must publish a Notice of Name Change in a newspaper from the filing county to inform the public of the name change.[2] The petitioner will then receive a Certificate of Publication, which they must file with the court before the hearing. The notice is not required if the name change is to protect the petitioner’s safety.

Step 4 – Attend Hearing

At the hearing, the petitioner must state the reason for the name change and defend against any objections.[3] If successful, the judge will issue an Order approving the request.[4] The petitioner must then file a certified copy of the Order with the clerk of the county commission of their county.[5]

Marriage and Divorce

A court order is not required to change a name following a marriage or divorce. Individuals can assume a new name by simply listing their spouse’s name on their marriage certificate. For divorce, an individual may request to have their former name restored on their divorce decree. Both documents can be presented to agencies to update their name on records.

Sources

  1. §48-25-101(a)
  2. §48-25-101(b)
  3. §48-25-102
  4. §48-25-103(a)
  5. §48-25-104