How to Change Your Name After Divorce in Virginia

In Virginia, you have two ways to legally change your name after divorce: ask the court to restore your former name as part of the divorce case under Virginia Code § 20-121.4, or, if your divorce is already final, file a separate name-change petition in circuit court under Virginia Code § 8.01-217. Either path ends with a court order you then use to update Social Security, the DMV, your passport, and the rest of your records.

Ask for the Name Change During the Divorce

The fastest and cheapest route is to include a name-restoration request in the divorce itself. Virginia Code § 20-121.4 says the court “shall” restore your former name when you make the motion during the proceedings, which means the judge is required to grant it rather than merely allowed to.¹ You can put the request in your initial complaint, in a counterclaim, or in a motion filed any time before the case wraps up.

The name change does not appear inside the divorce decree. The statute requires a “separate order meeting the requirements of § 8.01-217.”¹ You leave the courthouse with two documents: the decree dissolving the marriage, and a standalone name-change order. That separate order is the one you hand to the Social Security Administration, the DMV, and every other agency, so request several certified copies and keep them safe.

When the name change rides along with the divorce, there is no separate $20 application fee. The clerk may charge roughly $26 to record and index the name-change order in the deed book.²

What Names You Can Go Back To

The statute lets the court restore your “former name or maiden name.”¹ That covers your birth name or any name you legally used before this marriage, including the surname from an earlier marriage you kept going into this one. What you cannot do through the divorce route is pick a brand-new name you have never used. For that, you need the separate petition described below.

Filing a Separate Petition After the Divorce Is Final

If your divorce decree is already entered and did not include a name-restoration order, you file a standalone petition under Virginia Code § 8.01-217 in the circuit court of the city or county where you live.³ This is the same procedure anyone uses for a legal name change. The court uses Form CC-1411, “Application for Change of Name (Adult),” available on the Virginia Judicial System website.⁴

This path is more flexible than the divorce route. You can ask for any new name, not just a former one, as long as the change is not for a fraudulent purpose and does not infringe on anyone else’s rights.³ Virginia also does not require you to publish the change in a newspaper, which keeps the process cheaper and faster than in many other states.

The application is sworn under oath. It asks for your current legal name and the name you want, your date and place of birth, the full names of both parents (including your mother’s maiden name), your residence, any felony conviction record, whether you are required to register as a sex offender, whether you are incarcerated or on probation, and any prior name changes with documentation. You also certify that the change is not sought for fraud and will not infringe on anyone’s rights.⁴

The filing fee is $20.² Most routine petitions never go to a hearing. The clerk presents the paperwork, a judge reviews and signs the order, and straightforward cases are typically done within a few weeks. If something looks unusual, the judge can schedule a brief hearing where you would testify about your reasons.

If you are on the Sex Offender Registry, incarcerated, or on probation, the court must send your application to the Commonwealth’s Attorney both where you filed and where the underlying conviction occurred, and the prosecutor has 30 days to respond and make a reasonable effort to notify the victim.³ That does not automatically bar a name change, but expect significant delay.

Once the order is signed, order at least three or four certified copies from the clerk. You will need them at several agencies at once.

Update Social Security First

Social Security is your first stop after you get the court order, because nearly every other agency verifies your name against SSA records. Submit Form SS-5 (Application for a Social Security Card) along with proof of identity and a document showing your legal name change, such as the court order or divorce decree.⁵ You can file at your local office or by mail. The new card is free and your Social Security number does not change.⁶

If the name-change event happened more than two years ago, or if the document does not contain enough identifying information, SSA may ask for additional proof of identity in both your old and new names.⁵ Don’t put this off. A mismatch between your tax return and SSA records causes real problems at filing time.

Update Your Virginia Driver’s License

The DMV will not process a name change until Social Security has your new name on file.⁷ After that, start the process online and visit a DMV office with your current license, your divorce decree or court order, and your confirmation email. The replacement license is $20, with an additional one-time $10 fee for a REAL ID upgrade.⁸

Any license transaction at the DMV is also a chance to update your voter registration under the National Voter Registration Act. Virginia should prompt you, but confirm the registration reflects your new name, especially before an election.

Update Your Passport

Timing drives the paperwork here. If your passport was issued less than one year ago and your name change also happened within that year, you can update it for free using Form DS-5504 by mail. Send the form, your current passport, a certified copy of the court order or divorce decree, and a new passport photo. Expedited processing is an extra $60.⁹

If more than a year has passed since the passport was issued or the name change occurred, you renew instead. Eligible applicants can renew by mail with a certified copy of the name-change document. If you are not eligible to renew by mail, apply in person using Form DS-11 and pay the standard passport fees.⁹ Don’t travel internationally with a passport in your old name and a license in your new one. The mismatch causes problems at the gate and the border.

File Your Tax Return Under the Correct Name

The IRS matches the name and Social Security number on your return against SSA records. If they do not match exactly, the IRS rejects an electronically filed return outright, which can delay your refund by weeks or months.¹⁰

If you have already updated Social Security before filing season, use your new name on the return. If you have not, file under the name that currently appears on your Social Security card, even if your court order shows the new one. If e-filing keeps getting rejected despite correct information, you can paper-file, which bypasses the electronic name-matching system.

Other Records to Update

A name change touches more of your life than most people expect. Work through these roughly in order of urgency.

Banks and financial accounts. Bring a certified copy of the court order; most banks update your account in person within a day.
Credit bureaus. Contact Equifax, Experian, and TransUnion individually; updating one does not update the others. Each typically wants a copy of the court order or your updated driver’s license and takes up to 30 days. Your credit history carries over and the bureau links your old and new names.
Employer and payroll. A legal name change does not require a new Form I-9. Federal guidance tells the employer to note the change in Supplement B of your existing I-9 and update the name fields. Your employer will need your new Social Security card for payroll.
Health and auto insurance. Contact each carrier directly, because a name mismatch can cause claim denials.
Professional licenses. Nursing, teaching, real estate, and other state licenses are updated through the relevant Virginia licensing board; fees and procedures vary.
Property records. If you own real estate, you may want to record a new deed reflecting your name change with the local circuit court clerk. Recording fees vary by locality.
Birth certificate (optional). The Virginia Office of Vital Records charges a $10 amendment fee, plus $12 if you want a copy of the amended certificate, for a total of $22. Most people never need an amended birth certificate for everyday life, but it can simplify background checks and government applications.¹¹

Changing a Child’s Name After Divorce

Changing your child’s name is a separate and more involved process. Either parent can petition the circuit court under Virginia Code § 8.01-217, but if the other parent is alive and does not join the application, that parent must be served with notice and has the right to object.³ If the other parent objects, the court holds a hearing and decides based on the child’s best interest.

The court can waive notice, but only after an ex parte hearing where the petitioning parent shows by clear and convincing evidence that notifying the other parent would pose a serious threat to health or safety.³ That is a high bar. If the other parent is involved in the child’s life at all, expect them to be notified and expect possible opposition. A child’s name change does not terminate or affect either parent’s legal rights.

1
Virginia Code Commission. Virginia Code 20-121.4 – Restoration of Former Name
2
Virginia’s Judicial System. Circuit Court Fee Schedule – Appendix C
3
Virginia Code Commission. Virginia Code 8.01-217 – How Name of Person May Be Changed
4
Virginia Judicial System. Application for Change of Name – Adult
5
Social Security Administration. Application for a Social Security Card
6
Social Security Administration. Change Name with Social Security
7
Virginia Department of Motor Vehicles. Start Name Change
8
Virginia Department of Motor Vehicles. Replace Your Driver’s License or Learner’s Permit
9
U.S. Department of State. Change or Correct a Passport
10
Internal Revenue Service. Changed Your Name After Marriage or Divorce?
11
Virginia Department of Health. How to Request an Amendment to a Birth Certificate