Virginia courts marriage license

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This requirement was repealed in If you're below the age of 18, you may only marry if you've been granted a court order emancipating you from your parents or guardian. A certified copy of the order of emancipation must be presented to the clerk of the circuit court at the time you apply for a marriage license. If you are not emancipated, you can submit a petition for emancipation.

In Virginia, the minimum age to petition for emancipation is 16 years old. If you're a minor below the age of 18—or even 16—who's already been emancipated in another state or country, you are eligible to marry in the commonwealth.

Prior to July 1, , any clerk of the circuit court was authorized to issue a marriage license to a pregnant or previously pregnant applicant who was under the age of 16 as long as she obtained consent to marry from a parent or guardian along with a physician's certificate confirming the current or previous pregnancy. That earlier allowance is no longer in effect: you must attain emancipation instead. If you're a minor who's at least 16 years old, you or any parent or guardian may file a petition for emancipation with the juvenile and domestic relations district court in either's county or city of residence.

Successful petitioners will be granted a certified copy of the order of emancipation. You're eligible for emancipation if you wish to get married now or have been married before, are an active duty member of any branch of the U. The court will schedule a hearing and may direct the local department of social services, or other applicable agency or person, to investigate the claims in your petition and report its findings.

Both you and your parent or guardian will be appointed separate counsel. Your counsel is referred to as guardian ad litem GAL.

The court will take into consideration the age difference between you and your prospective spouse, prior convictions for violence and barrier crimes offences making one unemployable around children , history of violence, and what's in your best interest. Current or prior pregnancy or the consent of a parent or guardian isn't sufficient criteria to justify marriage being in your best interest. You can take your order of emancipation to the DMV to get a photo identification card that includes a note that you're emancipated.

Although the emancipation-specific identification card can be used for age and identity verification , when applying for a marriage license, you must still present a certified copy of your court-issued emancipation order.

Although you must briefly document your marital history on the marriage application , you typically do not to bring a certified copy of your divorce decree or prior spouse's death certificate when applying. You are free to marry your first cousin, but you cannot marry your sibling, aunt or uncle, niece or nephew, or any ascendant or descendant, such as your parent, grandparent, child, or grandchild.

Marriage between prohibited family members is void. Blood and non-blood kinship are treated equally, including whole blood, half blood, and bonds created through adoption. Family intermarriage prohibitions continue even through death and divorce. For instance, an ex-stepparent cannot marry their ex-stepchild, even after the marriage which brought them together has been disbanded. The only exception to this rule is if the relationship was severed by a divorce or annulment resulting from a marriage that was originally deemed illegitimate or void.

A jury will determine which punishment to hand down and how severe. The trial venue will be held in the county or city where you and your spouse cohabitated. You cannot marry if you have a living husband or wife. Such a violation would amount to bigamy, which is a Class 4 felony. Your preceding marriage must be dissolved by divorce or annulment before remarrying. Unless extraordinary circumstances exist, bigamous marriages do not get the benefit of the doubt and will be absolutely void from inception, even without a divorce or other legal process officially nullifying it.

If you enter into what can be argued to be a bigamous marriage, you may avoid criminal punishment and your latter marriage being voided if you meet either of the following criteria:. If you were to enter into a marriage with someone who could not have properly consented due to being mentally or physically incapacitated at the time of marriage, it wouldn't automatically result in a voided marriage, but it would result in a voidable marriage. The latter would be highly susceptible to a dissolution or annulment action stemming from alleged incapacitation.

Any non-emancipated minor who marries in the commonwealth after July 1, will have a marriage that will be voided from its beginning following a divorce or annulment.

This condition does not apply for an underage marriage that takes place outside the commonwealth. If you're a minor who hasn't been emancipated, you should not be able to obtain a marriage license in Virginia, unless you perjure yourself during the application process by lying about your age. The person who presides over your marriage is called the officiant. Following are the officiants authorized to carry out solemnizations in the commonwealth:.

Nearly any judge or justice who resides in Virginia may solemnize marriages throughout the commonwealth without having to register their credentials or pay a bond. Specifically sanctioned commonwealth judicial officials include any active or retired judge or justice as well as any active, retired, or senior federal judge or justice who's a commonwealth resident. Any minister of any religious denomination may perform marriages within the commonwealth as long as they obtain an order to do so from a clerk or judge of any circuit court within the commonwealth.

Ministers who register to obtain a solemnization authorization order must be ordained and remain in good standing as a member of his or her religious body or society, or locally licensed, or serving as a sanctioned pastor. No oath or bond is required. Religious societies without an ordained minister e. This is sometimes referred to as a self-solemnized or self-affirming marriage ceremony. The society may choose any member to complete the marriage certificates after the ceremony, as any regular minister or judge would.

No oath is required. Your marriage cannot be solemnized, which is the act of presiding over your marriage, until you forfeit your license and certificates to the officiant. Witnesses are not required to attend your marriage ceremony, nor are they permitted to sign your marriage certificates during the certification phase of the ceremony. Completion entails documenting when and where the marriage was held and who performed it.

Neither you, nor your spouse, nor any optional witness in attendance is allowed to sign either certificate. The officiant must return the marriage license and both completed marriage certificates to the clerk of the circuit court who issued them no later than five days following the marriage ceremony for recordation.

If your marriage is solemnized without a valid marriage license, it will be illegitimate, nonexistent, uncertifiable, and unrecordable.

This same punishment also applies to unauthorized officiants. If your marriage is performed by someone who lacked the legal authority or jurisdiction, it would not nullify your marriage if you, your spouse, or both of you believed you were lawfully married. Once your marriage license and certificates have been returned by your officiant to the clerk of the circuit court who issued them, the original copy titled "marriage register" will be permanently filed in the office, indexed, and recorded, while the other duplicate copy titled "marriage return" will be dispatched to the State Registrar of Vital Records.

Certified copies of your marriage certificate will be available for order post-recording. If the officiant who solemnized your marriage ceremony were to die or become incapacitated prior to completing and returning the license and certificates, the circuit court may order the clerk to complete the certificates once the marriage's existence has been verified.

A certified copy of your marriage certificates serves as proof of marriage, and must be accepted at face value in all commonwealth courts. It's also the document you'll use to change your name after marriage. Although the clerk of every circuit court is required to forward a duplicate copy of every returned marriage certificate to the State Registrar of Vital Records, it only needs to be done by the tenth day of every calendar month.

Therefore, if you're in need of certified copies of your marriage record sooner rather than later, the clerk's office will be the faster option. If you anticipate changing your name after marriage in Virginia, you'll need to obtain a certified copy of your marriage certificate beforehand.

Women can replace their middle name with their maiden name, take their spouse's surname as their new last name, or hyphenate surnames. First name changes require petitioning the circuit court in your county or city of residence. A certified copy of your marriage certificate legally authorizes the changing of your name on the following documents:.

Regardless of application method, the license must be picked up in person. If you wish to have a civil ceremony, you must make your own arrangements with a minister or marriage officiant. Neither the Judges nor the Circuit Court Clerk currently perform weddings. In their stead, there are two civil officiants who serve the county, and they can be contacted via phone for ceremony appointments.

To obtain certified copies of your marriage license, please refer to the above link for the marriage license packet. The first page of the packet contains all the information and requirements for getting copies.

Requests made through the mail are typically processed and returned in 7 — 10 business days. Any questions regarding certified copy requests can be directed to our Marriage clerk at or to the Civil Division at The clergy, minister or other person performing the marriage must be authorized by a Circuit Court of the Commonwealth to celebrate the rites of matrimony. The clergy, minister or other person officiating the marriage ceremony must complete and sign both forms of the marriage license and forward to the Clerk of the Court that issued the license within five days after the ceremony is performed.

A commemorative certificate of marriage may be prepared by the officiant and given to the newly wedded couple upon request. Applicants must provide:. Individuals that wish to perform a one-time civil ceremony in Virginia must obtain prior court authorization. For all other questions regarding authorizations to perform marriages, please contact the marriage clerk at or the Civil Division at The following Civil celebrants are available to officiate marriage ceremonies.

Please contact the celebrant directly with questions regarding scheduling or availability. Weekends and evenings with advance notice.