Process for Obtaining a Virginia Marriage License

In order to be legally married in the US State of Virginia, you need to apply for a Virginia marriage license. Before doing this, it is essential that you know a few basic things about the marriage laws in the state.

The rules for obtaining your marriage license vary from one state to another, and within a state they can vary from county to county. These rules might also be changed periodically by the government or legislators. This means when you actually apply for your marriage license, the rules may have changed. You just have to check out the rules that apply at your Clerk of Court's office when you do apply for your Virginia marriage license.

Generally speaking, it is smart to submit your application about a month ahead of your marriage date. You can never go wrong with that. The validity period of marriage licenses also varies between states, from weeks, to a year to indefinitely. You would not want your license to expire before the big day.

When you apply for your license, you will typically need proof of identification and age. In Virginia, you will need to present photo identification such as a valid driver's license, military ID, state ID, or passport.

You and your betrothed will need to appear together when you apply, in addition to a witness when you sign the application. Most couples bring their maid of honor or best man.

Marriage License Regulations for Remarriage

In Virginia there is no waiting period – your ceremony can begin the moment you get your license. If you are getting married for the second time, you will be glad to know that Virginia imposes no statutory waiting period before remarriage, unless it has been specifically prohibited by a court. If either or both of you have been previously married, documentary proof of age and termination of a previous marriage may be required. Some states also insist on a waiting period after the marriage license has been issued before it takes effect. This is not the case in Virginia.

If you are the bride, this is the time when you need to decide what your married name will be on the marriage certificate.

To get a marriage license, you do not have to be a Virginia resident. So long as you have the required identification, you can get a marriage license and be married anywhere in the state.

The Virginia marriage license will cost you $30. You can pay by cash or credit card (only MasterCard and Visa are accepted, with a service charge of 4% added to process credit card payments).

There is no blood or other medical test required in Virginia to qualify for a license.

The minimum age for a legal marriage is 16 years for both the bride and groom. Since the federal minimum age is 18, if either party is under that age consent to the marriage must be given by the father, mother or the legal guardian. The parent or legal guardian must appear personally before the person issuing the license, or by sending a written consent that has been properly sworn to before a notary public.

Special provisions are also available under Virginia law to allow marriage of an underage applicant where the female partner is pregnant, and for circumstances in which either or both of the underage applicants have no parent or legal guardian. However, no license is issued to couples when both are under the age of 16 and out-of-state.

Virginia does not recognize marriages by proxy or under common law. Marriage between same-sex couples is also not allowed. But it does recognize cousin marriages.

A marriage license is valid for 60 days, and can be used only within the state.

Virginia's Elaborate Rules on the Conduction of the Marriage Ceremony

Those who conduct wedding ceremonies in Virginia, religious or civil, are called "Celebrants" by the state. A religious ceremony must be conducted under the auspices of any denomination recognized within the state. The congregation must also be recognized as tax-exempt under 501(c)(3) of the United States Code.

To conduct a religious wedding, the Celebrant must also meet specific criteria and have official certification. They must appear at the county office in person, during business hours any day from Monday to Friday and show proof of ordination and identification. The person must also have an active congregation to represent. Upon receiving the certification, which holds a lifetime validity, this person may perform your wedding ceremony anywhere in Virginia.

If you want a religious ceremony once you have received your Virginia marriage license, you must make sure that your Celebrant has been certified by the state. As each county may have its own specific policies and procedures, the conducting Celebrant needs to check with the county what these are locally.

You can also be married by someone who has been appointed by the court to perform civil marriage ceremonies. Such a person is known as a "Civil Marriage Celebrant."

After the marriage ceremony, the clergy, minister or other officiating Celebrant must complete and sign two copies of the marriage license, and then forward both forms to the Clerk of the Court who had issued the license. This needs to be done within 5 days after the ceremony is performed.