H. B. 2234

                        (By Delegates Ashley, Shott, Lane, E. Nelson, Upson, Hanshaw,

                        Mr. Speaker (Mr. Armstead), McCuskey, Manchin, Campbell

                                                            and Rowe

                        [Introduced January 22, 2015; referred to the

                        Committee on the Judiciary.]

A BILL to amend and reenact§48-5-613 of the Code of West Virginia, 1931, as amended, relating to requiring a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage.

Be it enacted by the Legislature of West Virginia:

            That §48-5-613 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5. DIVORCE.

§48-5-613. Former name of party; restoration.

            The court, upon ordering a divorce, shall if requested to do so by either party, allow such party to resume the name used prior to his or her first marriage. The court shall, if requested to do so by either party, allow such party to resume the name of a former spouse if such party has any living child or children by marriage to such former spouse.

            NOTE: The purpose of this bill is to require a court to permit a party in a divorce proceeding to resume using the name he or she used prior to the marriage.

            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.