Virginia Marriage License Laws

Marriage laws in Virginia

Planning a marriage can be exciting, but it is always helpful to know the laws of the state in which you are getting married. In the state of Virginia, there are laws surrounding what is and is not prohibited in regards to marriage.

Age Requirements and Consent

The state of Virginia requires that a person be at least 16 years of age to marry. If the person is under the age of 18, a parent or guardian must give consent to the marriage. Consent to marry may be given in person or with a sworn written statement before a notary of the public. Special provisions can be made for those who are under the age of 18, pregnant or have no parent or legal guardian to give consent at the discretion of the court.

Prohibited Marriages

Prohibited marriages are those that are entered into before the dissolution of a prior marriage of one or both parties. Marriages between individuals related by blood, half blood or adoption are forbidden. Both persons who are entering the marriage must be able to consent to the marriage and not deemed incapable of making decision due to mental or physical illness. As of 2010, a marriage in Virginia cannot be entered into by persons of the same sex. "Common law" marriages as well are not recognized in the state of Virginia.

License Requirements

Blood tests are not required for either person to get married. Licenses are issued by the clerk of the circuit court in the county or city of the Commonwealth of Virginia where the persons reside. The marriage ceremony can be performed anywhere within the state. After receiving a marriage license you must get married within 60 days. The person who performs the marriage ceremony has the right to ask for a fee that cannot exceed $50. If the couple is married within the church, the pastor or preacher may ask for a monetary gift for the church. A marriage license issued in Virginia can only be used in Virginia. If you wish to be married outside the state of Virginia, you must file with the state in which you plan to marry.

Marriage Ceremony

Marriages can be preformed by a minister.

The marriage ceremony can be performed by a minister of any religious denomination that is authorized by a circuit court to celebrate the rites of matrimony. The circuit court also has appointed individuals within the court system who are capable of performing these rites as a part of a nondenominational service. Witnesses to the ceremony are welcom, but not required. After the ceremony, the person performing the marriage rites fills in the required information on the marriage license and signs the Marriage Register and the Marriage Return. It is necessary that the officiator file the proper paper to the clerk of the Circuit Court within five days of completing the marriage ceremony.

Obtaining a Certified Copy

Obtaining a certified copy of your certificate is simple.

You can obtain a certified copy of your license at the clerk's office where the license was originally obtained. Call the office for the fee or contact Virginia Vital Records to order a certified copy for a $12.00 fee.

References

• Virginia Department of Health: Marriage Requirements