West Virginia Divorce Name Change Checklist

Request name restoration in your divorce petition, and the court will issue a Certificate of Divorce under West Virginia Code § 48-5-613 containing your new legal name. This certified certificate serves as proof for all agencies—start with Social Security (Form SS-5, free), then DMV ($7.50), then banks and employers. If you forgot to request this during divorce, you must file a separate petition under WV Code § 48-25-101 with filing fees of $200-$304.

No separate court order is required if you requested name restoration during your divorce proceedings. Under West Virginia Code § 48-5-613, the court automatically issues a Certificate of Divorce that serves as your legal name change document. This certificate, once certified by the court clerk, is valid for all lawful purposes including DMV and Social Security updates. Only if you did not include name restoration in your divorce decree would you need a separate court petition.

You need 5-10 certified copies of your divorce decree or Certificate of Divorce from your county Circuit Clerk (approximately $6.00 each—$5.00 certification plus $1.00 per page). For Social Security, bring Form SS-5 plus the certified decree and proof of identity. For the DMV, bring your new Social Security card, certified divorce certificate, and proof of West Virginia residency such as two utility bills or a voter registration card.

Using your divorce decree for name restoration is included in your original divorce filing fee. Additional costs include: certified divorce decree copies ($5.00-$6.00 each, order 5-10), Social Security card (free), DMV license replacement ($7.50 plus $10 for REAL ID), and passport name correction ($0-$190 depending on timing). Budget $150-$400 total. If filing a separate name change petition, add $200-$304 filing fees plus newspaper publication costs.

The name change is effective immediately upon divorce decree issuance under WV Code § 48-5-613. Social Security processes new cards within 14 business days after in-person or mail application. The West Virginia DMV issues a temporary license immediately and mails your permanent license within 15 business days. Passport name changes take 6-8 weeks standard or 2-3 weeks expedited. Complete all updates within 2-3 months of your divorce.

No, name restoration after divorce is entirely optional in West Virginia. Under West Virginia Code § 48-5-613, the court 'shall if requested' allow name restoration—this means you must affirmatively request it. Many people choose to keep their married name for professional continuity, to match their children's surname, or simply personal preference. There is no legal requirement or deadline to change your name after divorce.

Changing a child's name requires a separate court petition under West Virginia Code § 48-25-101—it cannot be included in your divorce decree. Both parents must be notified, and the non-filing parent can object. The court applies a 'best interests of the child' standard, considering factors like the child's preference, how long they've used the current name, and potential embarrassment. Filing fees are $200-$304, and newspaper publication is required unless waived for safety reasons.

Update your Social Security card first—all other agencies verify your name against SSA records. Complete Form SS-5 (Application for a Social Security Card) and visit your local Social Security office in person with your certified divorce decree and proof of identity, as West Virginia is not yet eligible for online name changes. SSA processes the new card within 14 business days at no cost. Only after receiving your updated Social Security card should you visit the DMV and update other accounts.