ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 51
(By Senators Kessler and Hunter)
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[Originating in the Committee on the Judiciary;
reported January 26, 2006.]
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A BILL to amend and reenact §48-25-101 of the Code of West
Virginia, 1931, as amended, relating to permitting persons to
file for a name change who were born in, married in and
previously were residents in the county for at least fifteen
years
where the petition is brought.
Be it enacted by the Legislature of West Virginia:
That §48-25-101 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 25. CHANGE OF NAME.
§48-25-101. Petition to circuit court or family court for change
of name; contents thereof; notice of application.
(a) Any person desiring a change of his or her own name, or
that of his or her child or ward, may apply therefor to the circuit
court or family court of the county in which he or she resides by
petition setting forth:
(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;
(2) The cause for which the change of name is sought; and
(3) The new name desired.
(b) Notwithstanding the provisions of subsection (a) of this
section, a nonresident of the county may apply for a change of name
if the person 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.
(b) (c) Previous to the filing of the petition, the person
shall cause a notice of the time and place that the application
will be made to be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code. The publication area for the publication is the
county.