West Virginia
West Virginia Name Change Laws: How to Legally Change Your Name
West Virginia handles adult and minor name changes together in a single, detailed chapter of the code, Article 25 of Chapter 48, filed in circuit or family court, with mandatory newspaper publication as the default notice method.
What makes West Virginia distinctive in this batch is how it writes its felony and sex-offender restriction. The same substantive bar appears independently in two separate sections of the code, and one of those sections goes further, independently criminalizing an attempt to violate it as a standalone misdemeanor offense.
Information last verified on 2026-08-11. This article has not yet been reviewed by a licensed lawyer.
How to Legally Change Your Name in West Virginia
An adult or a parent on behalf of a minor petitions in circuit court or family court in the county of residence, under W. Va. Code 48-25-101. The petitioner must show bona fide residency in the county for at least one year immediately before filing, or, for a nonresident, specific prior connections to that county.
The circuit-court filing fee is $200, confirmed under W. Va. Code §59-1-11(a)(1), the general civil-action filing fee that applies because Article 25 does not carve out a separate name-change fee category. A lower fee has been reported for the family-court track, but that figure could not be independently confirmed against an official fee schedule for this article; confirm the current family-court fee with your family court clerk. West Virginia's Judiciary does publish statewide Fee Waiver Forms usable in Magistrate, Circuit, or Family Court for petitioners who cannot afford the cost.
The petition itself must affirm ten separate elements, including that the change is not sought to avoid debt or creditors, evade an identity requirement, evade detection or arrest, or serve any other improper purpose, and that the petitioner is not a registered sex offender or a person barred by a disqualifying felony conviction.
Changing a Minor's Name
West Virginia does not maintain a separate minor-specific procedure. The same statute, 48-25-101, covers a person changing «his or her own name, or that of his or her child» in one unified provision. The standard applied is the same as for an adult petition: reasonable and proper cause, with no injury to others.
Restoring Your Name After Divorce
Divorce-based restoration is cleanly integrated rather than routed through a separate filing. Under W. Va. Code 48-5-613, the divorce court restores a party's former name at that party's request without requiring a separate Article 25 petition. The court issues a one-page divorce-name-change certificate the party can use directly at the DMV to update a driver's license or state ID.
Publication Requirements
West Virginia requires a Class I legal advertisement to run at least 10 days before the hearing (48-25-101(b)). Publication may be waived for a closed hearing, but only on a showing of good cause tied to personal-safety identity protection, not as a general option available to any petitioner.
Restrictions: A Bar Written Into the Code Twice
This is the feature that most distinguishes West Virginia in this batch: its felony and sex-offender restriction is stated independently in two separate sections with matching substance, rather than in one place. Section 103 bars a currently incarcerated felon from petitioning at all during incarceration, and separately bars anyone convicted of first-degree murder or an offense carrying a life-imprisonment sentence from petitioning for 10 years after discharge from imprisonment or parole, whichever comes later.
Section 107 restates the same substantive bars and adds an independent criminal consequence: violating them is a misdemeanor, punishable by a fine of $250 to $10,000, up to one year in jail, or both. Worth a brief editorial note for any reader comparing sections: both provisions are real and consistent restatements of the same rule, not conflicting or duplicative in a confusing way.
Separately, a person required to register with the West Virginia State Police under the sex or violent offender registry article cannot petition while the registration period is still active. Across the felony and registry rules together, this is one of the strictest restriction regimes confirmed in this ten-state batch, and it should be described plainly to a reader with any of these predicate convictions rather than softened into generic «restrictions may apply» language.
Name Change After Marriage
West Virginia has no statute dedicated to marriage-based name changes. A spouse who wants to adopt a new name at marriage does so administratively, presenting the marriage certificate to the Social Security Administration and the DMV rather than filing a court petition. For the federal-level steps involved, see name change after marriage.
Related West Virginia Records
For the marriage certificate or divorce decree that may support a filing, see West Virginia marriage and divorce records. For how the state's court system handles filings and case access generally, see West Virginia court records. For the broader dissolution process a name restoration is part of, see West Virginia divorce laws. For the full agency-by-agency update process once a change is granted, see the name change checklist and how to legally change your name.
Disclaimer
This article provides general information about West Virginia name-change law. It is not legal advice and does not create an attorney-client relationship. Fees, forms, and publication requirements change; verify current details with your circuit or family court clerk or a licensed West Virginia attorney before relying on anything here for a specific situation.
Last updated: 2026-08-11. Fees and forms reflect their published status as of August 2026.
Frequently Asked Questions
Can a felon change their name in West Virginia?
Not while incarcerated, and someone convicted of first-degree murder or a life-sentence offense cannot petition for 10 years after discharge from imprisonment or parole. Violating these bars is a separate misdemeanor offense.
Does West Virginia require newspaper publication for a name change?
Yes. A Class I legal advertisement must run at least 10 days before the hearing, waivable only for a closed hearing on a personal-safety showing of good cause.
Can a registered sex offender change their name in West Virginia?
No, not while their registration period is active. A person required to register under the sex or violent offender registry article cannot petition during that time.
How do I get my maiden name back after a West Virginia divorce?
The divorce court restores your former name at your request as part of the case itself, under W. Va. Code 48-5-613, with no separate Article 25 petition required.
How much does a West Virginia name change cost?
The circuit-court filing fee is $200, confirmed under W. Va. Code §59-1-11(a)(1). A lower fee has been reported for the family-court track, but it could not be independently confirmed for this article; confirm with your family court clerk.
Updates
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on 4 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 101Petition to circuit court or family court for change of name; contents thereof; notice of application.In force
(a) A person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following: (1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years; (2) The cause for which the change of name is sought; (3) The new name desired; (4) The name change is not for purposes of avoiding debt or creditors; (5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law; (6) The name change sought is not for purposes of avoiding any state or federal law regarding identity; (7) The name change sought is not for any improper or illegal purpose; (8) The petitioner is not a convicted felon in any jurisdiction; (9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal…
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 103When court may or may not order change of name.In force
(a) Upon the filing of the verified petition, and upon proof of the publication of the notice and of the matters set forth in the petition, and being satisfied that no injury will be done to any person by reason of the change, and upon a finding that all representations the applicant has affirmed pursuant to subsection (a), section one hundred one of this article are true and the applicant is not prohibited from obtaining a name change pursuant to this article, that reasonable and proper cause exists for changing the name of petitioner and that the change is not desired because of any fraudulent or evil intent on the part of the petitioner, the court or judge may order a change of name. (b) The court may not grant any change of name for any person convicted of any felony during the time that the person is incarcerated. (c) The court may not grant any change of name for any person required to register with the State Police pursuant to the provisions of article twelve, chapter fifteen of this code during the period that the person is required to register.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 107Unlawful change of name by certain felons and registrants.In force
(a) It is unlawful for any person convicted of first degree murder in violation of section one, article two, chapter sixty-one of this code, and for any person convicted of violating any provision of section fourteen-a, article two, chapter sixty-one of this code, for which a sentence of life imprisonment is imposed, to apply for a change of name for a period of ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later. (b) It is unlawful for any person required to register with the State Police pursuant to the provisions of article twelve, chapter fifteen of this code to apply for a change of name during the period that the person is required to register. (c) It is unlawful for any person convicted of a felony to apply for a change of name during the period that such person is incarcerated. (d) A person who violates the provisions of subsection (a), (b) or (c) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $10,000 or imprisoned in the county or regional jail for not more than one year, or both fined and incarcerated.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
§ 613Former name of party; restoration.In force
The court, upon ordering a divorce, shall if requested to do so by either party, allow such party to resume the name used prior to his or her marriage without the necessity of filing a separate petition pursuant to section one hundred one, article twenty-five, chapter forty-eight of this code. If a name change is requested, the court shall also issue a certificate of divorce reflecting that change in name. The certificate shall be no longer than one page. For purpose of confidentiality, the certificate shall not be considered an order. The certificate shall include the style of the divorce case, the name on the birth certificate of the party requesting the name change, that party's date of birth, that party's social security number, the date on which the name change is effective, and the new name of that party. In order to be valid, the certificate shall be certified by a clerk of the court. The certified certificate may be used by that person for all lawful purposes, including as a proof of legal name change for driver licensing purposes or state identification card at the Division of Motor Vehicles.
Official text (excerpt) · as of 2026-07-30 · Read the full section at code.wvlegislature.gov
Search our full record of US law — 1.79 million sections, every state + federal →
Sources and References
- West Virginia Code § 48-25-101, Petition for Change of Name(code.wvlegislature.gov).gov
- West Virginia Code § 48-25-103, Persons Prohibited from Petitioning for Name Change(code.wvlegislature.gov).gov
- West Virginia Code § 48-25-107, Criminal Penalty for Violation(code.wvlegislature.gov).gov
- West Virginia Code § 48-5-613, Change of Name Upon Divorce(code.wvlegislature.gov).gov
- West Virginia Judiciary, Fee Waiver Forms(courtswv.gov).gov
- West Virginia Code § 59-1-11(a)(1), Circuit Clerk Fees(code.wvlegislature.gov).gov