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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 51
(By Senators Kessler and Hunter)
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[Introduced January 11, 2006; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §48-25-101 of the Code of West
Virginia, 1931, as amended, relating to eliminating the
one-year residency requirement for filing a name change for
certain persons who have previously lived in this state longer
than anywhere else, but who have moved to another state and
have not yet established residency in the other state.
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 or, in
the case of a person who has moved his or her residence to another
state, but has not yet established residency therein, that he or
she was born in this state and resided in this state for the
greater portion of his or her life at the time of the filing of the
petition.
(2) The cause for which the change of name is sought; and
(3) The new name desired.
(b) 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.
NOTE: The purpose of this bill is to
eliminate the one-year
residency requirement for filing a name change for certain persons
who have previously lived in this state longer than anywhere else,
but who have moved to another state, but have not yet established
residency in the other state.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.