Divorce brings on a lot of changes in your life, but one you might not have considered yet is what name you or your child will take on after the divorce. For adults, this process often involves reverting to a maiden name or choosing another name, which is generally more straightforward. For children, the decision about whose last name they will carry post-divorce is a more challenging conversation that the courts will need to rule on. Should the child keep the father’s last name, as is common, or take on the mother’s name? Does the custodial parent get any favor?
You might be surprised to know you often need a lawyer to win these cases—we know because we recently successfully argued in favor of a parent who wanted to give their child their own last name after their Virginia divorce.
Adult Name Changes After a Divorce in Virginia
Adults seeking a name change after divorce generally won’t face any pushback from the state. To take back a maiden name or adopt a new one, you only need to file a name change application and order in the county where you live, as per Virginia Code § 8.01-217. Virginia law does not require a court appearance for this. You are consenting to your own identity, and the law respects that autonomy. Even those not going through a divorce can apply for a name change under these guidelines. Just remember to update your name on essential documents, such as your driver’s license, Social Security card, and bank accounts.
Name Changes for Children After a Divorce in Virginia
The process is far more involved for name changes for minors. Courts in Virginia prioritize the best interests of the child, and the burden of proof falls on the parent requesting the name change. This means showing that a new name would benefit the child more than retaining their current one. Judges will also evaluate whether the name change could affect the child’s relationship with either parent, especially in cases where the new name is a name resulting from the remarriage of one of the parents.
In Virginia, fathers often have an advantage in these cases because, traditionally, children are often given their father’s last name at birth so that is the status quo. Most case law shows cases where the father’s name was the resulting decision, but this is not an absolute rule. In cases involving same-sex parents, for example, the court may lean toward maintaining the child’s current name unless sufficient evidence supports a change. Each case is unique, and achieving a favorable outcome requires presenting clear, compelling arguments about why the change aligns with the child’s best interests.
Legal Name Changes After a Divorce in Virginia
Handling name changes after divorce can be straightforward for adults but considerably more challenging when children are involved. Whether you’re seeking to reclaim your maiden name or advocating for your child’s best interests, having the right legal support makes all the difference. Contact Rinehart Bryant to discuss your options and address any related family law concerns. Let our close-knit team guide you through the process with care and responsiveness.
Rinehart Bryant, PLLC
Latest posts by Rinehart Bryant, PLLC (see all)
- Rinehart Bryant is Expanding, and We Want You to be a Part of It - January 7, 2025
