The marriage of a party shall not cause a suit or action to abate. If a party changes his name, upon affidavit or other proof of the fact, the suit or action shall proceed in the new name, but if the change of name be not suggested before judgment, the judgment shall be as valid, and may be enforced in like manner, as if no such change of name had taken place.
§ 8.01-19.Effect of marriage or change of name of party.
Chapter 2. Parties · Article 3. Death or Change of Parties · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-19 provides that a party’s marriage does not cause a suit to abate, and that a party who changes names may continue the case under the new name upon affidavit or proof, with any judgment entered before the change was suggested remaining valid and enforceable as if it had never occurred.
Full Text of § 8.01-19
Plain-English Summary
Section 8.01-19 addresses two personal changes that might otherwise complicate an ongoing case. First, a party’s marriage does not cause a suit or action to abate — the case continues without interruption regardless of a party’s change in marital status.
Second, if a party changes names, the suit or action proceeds under the new name once that change is shown by affidavit or other proof. But the section does not make that notice mandatory for the judgment’s validity: if the change of name is never suggested to the court before judgment, the judgment remains as valid, and may be enforced in the same manner, as if no change of name had taken place.
Frequently Asked Questions
Does getting married during a lawsuit cause the case to abate in Virginia?
No. Section 8.01-19 provides that the marriage of a party does not cause the suit or action to abate.
What happens if a party legally changes their name while a case is pending?
Section 8.01-19 lets the suit or action proceed in the new name once the change is shown by affidavit or other proof.
What if the name change isn’t brought to the court’s attention before judgment is entered?
The judgment remains just as valid and enforceable as if no name change had occurred; Section 8.01-19 does not require notice of the change for the judgment to stand.
Do I need to formally notify the court of a name change to have the case proceed under the new name?
Yes. Section 8.01-19 requires an affidavit or other proof of the change before the suit proceeds under the new name.
Does this section apply to both plaintiffs and defendants?
Section 8.01-19 refers generally to “a party,” without limiting itself to either side of the case.
Amendment History
Code 1950, § 8-147; 1973, c. 401; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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