Apply for a Marriage License in Virginia

To get married in Virginia, you and your future spouse must apply for a marriage license. Fortunately, the application process is relatively simple. There is no waiting period once you receive the license, and you have up to 60 days to complete your marriage ceremony before the license expires.

Steps

Preparing to Apply

  1. Determine if you and your partner are eligible to marry one another. The state of Virginia does not require couples to be residents of Virginia to marry there. However, marriage licenses issued in Virginia must be used within the state of Virginia. The following regulations also apply:[1]
    • Legal status. Neither partner may be currently married to another person.
    • Family relationship. You and your partner may not be related to one another by blood or adoption. The state of Virginia does not allow marriages between ancestors and descendants (e.g., parents and children, grandparents and grandchildren, siblings, or aunts/uncles and their nieces/nephews. Step-siblings cannot marry.[2] However, first cousins may marry.
    • Competence. Both partners must be mentally capable of choosing marriage.
    • As of October 6, 2014, same-sex marriage is legal in Virginia. Virginia also recognizes same-sex marriages from other states and countries. The application process is the same as for heterosexual couples.[3]
  2. Confirm you are old enough to marry one another. You and your partner must be over age 18 to marry without parental consent. If you are 16 or 17, you must have parent or legal guardian approval.[1]
    • Your parent or legal guardian can consent in person during the application process. The consent may usually also be given in notarized written form when it is sworn before a notary public.
    • Special consent is possible when the female partner is under the age of 16 and is pregnant. If the female partner is under 16 and has been pregnant within the previous nine months, consent may be given if a physician documents the prior pregnancy. Parent or guardian consent is required in both cases. Consent must be given in the county or jurisdiction where the female partner lives in these cases.[4]
  3. Gather the necessary documents. The various circuit courts require proof of identity and date of birth. Government-issued documents such as drivers' licenses, passports, Military IDs, birth certificates, and Social Security cards should be sufficient. Check with your specific Circuit Court for their requirements, as they may vary.[5]
    • If you or your partner have been previously married, you should plan to provide proof that the previous marriage has ended.
    • Virginia does not require blood tests to obtain a marriage license.
    • If your divorce decree is in another language, you must provide a certified translation. A certified translation will be signed and dated by the translator and vouch that the document has been accurately and competently translated.
  4. Visit the directory of Virginia’s Individual Circuit Court homepages. You may apply for a marriage license in any circuit court in Virginia. You do not have to be married in the same county as the one where you apply.[1]
    • You can find the directory here.
  5. Click on the county where you wish to apply for the marriage license. This will take you to a directory page that contains the clerk’s name, clerk’s office hours, and phone and address information.
    • Click on the “local website” link in the upper right corner to go to the individual court’s website. This local website will give you information about applying for a marriage license at that court, such as hours, fees, and identification requirements.
    • For example, at the Arlington Circuit Court, marriage licenses are given M-F from 8AM-4PM. Marriage license fees are $30 and can be paid by cash or Visa/MasterCard (4% service charge applies). ID such as a driver’s license, passport, or Military ID is required.[6]
  6. Call the Circuit Court where you wish to apply to verify their requirements. In some cases, such as those involving the marriage of a minor, Circuit Courts may require additional documentation or other steps. Call your Circuit Court clerk to make sure you know all the requirements before you go to apply.
    • Some Circuit Courts do not maintain a website. Calling by phone is the best way to verify information.
  7. Decide on your surname. If you wish to change your legal surname once you are married, the easiest way to do this is to indicate the desired new name on your application for the marriage license.[7] Once the marriage is legally completed, the name you provide on the marriage license application will become your legal surname.[2]
    • Your surname will not automatically change when you marry.
    • You do not have to change your surname to be legally married.
    • You may choose to use the same surname for both partners. You may also choose a combined or hyphenated surname.

Applying for Your Marriage License

  1. Appear in person at the circuit court office. You and your partner must be present at the same time to apply. Virginia does not require witnesses to apply for a marriage license. Make sure to bring all the necessary documentation and payment.[1]
    • In some circuit courts, parents or legal guardians of minors may be required to appear in person to consent to the minor’s marriage. Check with your circuit court before applying.
  2. Fill out the application. You must complete the application in the Circuit Court office where you are applying for a license.[2]
    • Read the application carefully to make sure that you have not made any errors. Even simple spelling errors for a surname change can be very difficult to correct once the license has been filed. Changes may require a court order.
    • Some Circuit Courts may have an online “pre-application” for available. Pre-applying online will expedite the application process, but both of you must still appear in person at the Circuit Court to complete your application.
  3. Pay the requested fees. The fee to apply for a marriage license in Virginia will vary depending on the Circuit Court at which you apply. Verify the fee and payment options ahead of time.[1]
    • The fee is not legally allowed to be more than $50.
    • Some Circuit Courts may not accept some forms of payment, such as debit or credit cards. Check with your Circuit Court before going to apply.
  4. Receive your marriage license as soon as the application is complete. There is no waiting period to marry once you receive your marriage license. The license is valid for 60 calendar days.[1]
    • If you do not use the license to get married within 60 days, you will have to re-apply and pay a new fee. Most Circuit Courts do not offer refunds.
  5. Verify the required signatures are on the marriage license after the wedding ceremony. Both spouses and an eligible celebrant (the person conducting the ceremony) must sign the license for it to be valid. Virginia does not require other witnesses to be present at the ceremony or sign the license.[1]
    • Eligible religious celebrants must be authorized by a Virginia Circuit Court prior to performing the wedding ceremony. Out-of-state ministers must present themselves and documentation of their ordination and pastoral appointment to the Circuit Court office.[8]
    • Online ordinations, such as those from the Universal Life Church or American Marriage Ministries, are usually not recognized by Circuit Courts.
    • Religious individuals whose religious tradition does not have ordained ministers may be married by a person appointed by that tradition.[9]
    • Each Circuit Court maintains a list of appointed individuals who are eligible to perform civil marriage ceremonies.[1] A non-religious celebrant may be authorized to perform a marriage ceremony by order of the Circuit Court issuing the marriage license.[10]
  6. Ensure that your celebrant returns the necessary forms. Your celebrant must sign and return the Marriage Register and the Marriage return forms (obtained at the Circuit Court office) within 5 days of the marriage ceremony.[1]
    • If the celebrant does not return these forms, Virginia will not have a record of your marriage.

Tips

  • You are not required to have witnesses sign your marriage license.
  • A Virginia marriage license is valid at any location within the state, no matter which circuit court you apply to.
  • No blood tests are required in Virginia for marriage.
  • If you or your fiancé(e) have been previously married, there is no waiting period from the date of divorce to remarriage. However, a divorce decree may be required to prove the date of the divorce.
  • Your new surname will become your legal surname after the marriage forms have been filed. However, you will still need to inform Social Security and other institutions about your name change.

Warnings

  • If you or your partner is under the influence of drugs or alcohol, or otherwise mentally impaired, your marriage license application will be denied.
  • A Virginia marriage license expires in 60 days from issuance. If you have not completed your marriage ceremony within this time frame, you will have to reapply for an additional marriage license and pay another fee.
  • Marriages known as "common law" marriages in other states are not accepted or granted in the state of Virginia.

Related Articles

Sources and Citations

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 http://www.vdh.state.va.us/vital_records/marry.htm
  2. ↑ 2.0 2.1 2.2 http://www.vsb.org/site/publications/marriage-in-virginia
  3. ↑ http://www.lambdalegal.org/states-regions/virginia
  4. ↑ http://www.roanokecountyva.gov/index.aspx?NID=441
  5. ↑ http://www.virginia.org/getmarried/
  6. ↑ https://courts.arlingtonva.us/circuit-court/marriage/
  7. ↑ http://www.dmv.virginia.gov/general/#records/update_add.asp
  8. ↑ http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-23
  9. ↑ http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-26
  10. ↑ http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-25
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