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Marriage - State Laws
Virginia

Virginia


ID Requirement: Valid picture ID and a certified copy of a birth certificate must be presented.

A license for marriage in Virginia is issued by the clerk, or his deputy, of the circuit of the county or independent city of which either the bride or groom is a resident. If neither the bride or groom is a resident of Virginia, the license may be obtained in any county or city. In either case the ceremony may be performed elsewhere in the State. Applicants must, under oath, provide information required to complete the marriage record. These items are material matters, and the applicant may be subject to prosecution for perjury for violation of the portion of the statues which requires this information.

If Previously Married: If divorced there is no statutory waiting period before remarriage after the divorce is granted, unless remarriage is specifically prohibited by a court. In some cases, clerks may require documentary proof of age or termination of a previous marriage.

Residency Requirement: Do not have to be a resident of Virginia. No license will be issued to out-of-state couples who are under the age of 16.

Application Requirement: Both the bride and groom must appear in person at the time of applying.

Fees: $30. The justice of the peace is by donation only. He or she may be permitted to charge up to $30 for each couple getting married.

Waiting Period: No waiting period.

Blood Tests: None.

Under 18: The minimum age for marriage in the State of Virginia is 16 years for both bride and groom. However, if either party is under 18, consent to the marriage must be given by the father, mother, or legal guardian. This may be done personally by the parent or legal guardian before the person issuing the license, or by a written consent properly sworn to before a notary public. Special provisions are made in Virginia law to allow marriage for underage parties when the female is pregnant and for situations in which underage applicants have no parent or legal guardian.

Marriage Ceremony: A minister of any denomination. The minister must produce proof with the religious society. Also, people appointed by the court may perform the ceremonies, called a Justice of the Peace.

The officiator signs and completes the Marriage Register and both forms are returned to the clerk within five days. They are then forwarded to the State Division of Vital Records. The couple receives a marriage certificate.

Prohibited Marriages:

- A marriage entered prior to the dissolution of an earlier marriage of one of the parties.

- A marriage between an ancestor and descendant; or between a brother/sister, uncle/niece, and aunt or nephew, whether the relationship is by half-blood, whole blood, or adoption.

- When either of the parties lacks capacity to consent to the marriage because of mental incapacity or infirmity.

- A marriage between two persons of the same sex.

- Common law marriages are not valid if entered into Virginia or any other jurisdiction which does not permit them for its residents.

Officiants: Ordained ministers residing in this state may perform marriages. Non-resident ordained ministers may perform marriages with the permission of the probate court of the district within which the marriage is to take place. Ministers must complete the marriage license and certificate of marriage and return it to the clerk's office from which it was issued within ten days from the date of the marriage.

Miscellaneous: There is no statutory requirement that witnesses be present at the marriage ceremony.

Valid: License is valid for 60 days only within the State of Virginia.


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Marriage Resource Center

  • Answers and Information
    Answers to frequently asked questions about marriage.

     

  • The Process
    A step-by-step guide to the legal side of Marriage.
  • Prenuptial Agreements
    An overview of Prenuptial Agreements.
  • Common Law
    A overview of Common Law Marriage.
  • Same Sex Couples
    An overview of the history and current status of Same-Sex Marrriage and the legal implications.
  • State Laws
    A list of states and their Marriage Laws.
  • Additional Topics
    An overview of additional topics pertaining to Marriage.
  • Money and Property
    A guide to money and property issues for married couples and those preparing for marriage.






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    October 11, 2008
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