Name change in West Virginia
These are the steps most people follow for a name change in West Virginia, in order. Each links to its official source and the date we last checked it. When you're ready, build a personalized checklist that covers every document at once.
This is general information, not legal advice. Requirements change, so always confirm with the official source linked on each step, and talk to a lawyer or legal-aid organization about your specific situation.
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Step 1: Get a court order for your name change
- In West Virginia, you petition to legally change your name in the circuit court of the county where you live. West Virginia Code chapter 48, article 25 governs the process.
Varies by court/clerk.
More detail
- West Virginia's judiciary does not publish a standard petition form or a plain-language self-help guide for a name change on its website, and its statewide court-forms library lists no name-change form. Contact the circuit clerk in your county for the forms, filing fee, and any other local requirements; the courts' own county directory lists every circuit court's contact information.
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Step 2: Update your Social Security record
- Social Security still changes the legal name on your Social Security record. A valid court order for a name change is one of the events Social Security recognizes as changing your legal name, and you apply with Form SS-5, the Application for a Social Security Card.
More detail
- Social Security's policy manual defines your legal name as your first name and last name — the name you use to sign legal documents. For a person born in the United States, that is generally the name shown on the birth certificate, unless the name changed through an event such as a marriage or a valid court order for a name change. The sex marker on your record is handled separately and under a different rule — see the Social Security sex marker step.
📝 Get the official form: Form SS-5 — Application for a Social Security Card
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Step 3: Update your driver's license or state ID
- To update the name on a West Virginia driver's license or ID card, bring proof of your name change to a DMV office — a court order, a certified marriage certificate, or a certified divorce decree with your new name.
More detail
- West Virginia DMV says a court order specifying a change of name supersedes a birth certificate or a certified marriage certificate when it decides how your name is displayed. Call West Virginia DMV to confirm exactly which proof-of-name-change document you need to bring for your situation.
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Step 4: Update your U.S. passport
- To update the name on your U.S. passport, submit a passport application with an original or certified copy of the document that legally changed your name, such as a court order.
More detail
- If your name changed within 1 year of your most recent passport being issued, mail Form DS-5504 with the name-change document — you will not have to submit any fees for this service. If it has been more than a year, renew by mail with Form DS-82 and a certified name-change document, or apply in person with Form DS-11. If you have no legal documentation of the change, you apply in person with Form DS-11 plus Form DS-60, Affidavit Regarding a Change of Name.
📝 Get the official form: Form DS-82 — U.S. Passport Renewal
Sources
- U.S. Department of State — Change or Correct a Passport — We cannot check this source automatically for changes. Check it yourself before you file.
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Where to get help
- Fairness West Virginia — West Virginia's statewide LGBTQ+ advocacy organization, publishing know-your-rights and policy information relevant to transgender residents.
- Legal Aid of West Virginia — Statewide nonprofit law firm offering free civil legal help to low-income West Virginians, including help with legal filings such as a name-change petition.
- Advocates for Trans Equality (A4TE) — West Virginia identity documents guide — Advocates for Trans Equality (A4TE) keeps a plain-language guide to changing your name and gender marker on West Virginia documents. Their staff write and update it. Read it alongside this checklist.
- Advocates for Trans Equality (A4TE) — National advocacy organization (formerly the National Center for Transgender Equality) with plain-language guides to updating federal identity documents (Social Security, passport) after a name or gender-marker change.
- Lambda Legal Help Desk — National LGBTQ+ legal organization offering a free legal help desk for questions about discrimination and legal name/gender-marker changes.