Virginia Wedding Laws
Virginia offers plenty of delights for soon-to-be-wed couples: world-class venues, stunning landscapes, and miles of beautiful beaches. If you’re considering a wedding in Old Dominion, there are a few details you need to know. This handy guide explains what you need to make your Virginia nuptials legal and valid. Keep reading for info on Virginia marriage licenses, ceremony requirements, officiants, and much more.
Virginia Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
To get married in Virginia, both you and your intended spouse must be at least 18 years old. Most adults can wed within the state, but there are a few exceptions. Virginia does not allow marriages between most close relatives, even if only related by adoption. First cousins and more distant relations are exempt from this prohibition. Also, you cannot tie the knot if you are still married to a living spouse.
Virginia has legally recognized same-sex marriage since October 6, 2014. Per the 2015 Obergefell v. Hodges Supreme Court ruling, marriage equality is the law of the land.
Some couples under 18 years old may wed in Virginia under certain conditions. Minors emancipated by court order may get married, but the state’s minimum age for this is 16 years old. Emancipated minors must supply a certified copy of the court order when applying for a marriage license.
§ 20-38.1. Certain marriages prohibited. The following marriages are prohibited: 1. A marriage entered into prior to the dissolution of an earlier marriage of one of the parties; 2. A marriage between an ancestor and descendant, or between siblings, whether the relationship is by the half or the whole blood or by adoption; 3. A marriage between an uncle or aunt and a nephew or niece, whether the relationship is by the half or the whole blood. § 20-48. Minimum age of marriage. The minimum age at which persons may marry shall be 18, unless a minor has been emancipated by court order. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation.
How to Get a Virginia Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- County of Issuance
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- $30.00
- Accepted I.D. Types:
- Standard Government Issued
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
Both resident and out-of-state couples may wed in Virginia. Couples can apply for marriage licenses at any circuit court in Virginia. Licenses cost $30 and are good for 60 days from the date of issue. You do not need to be a Virginia resident or submit to a blood test to apply.
Both halves of the couple must appear at the same time and present valid government-issued photo IDs. They’ll need to present other key information, including their parent’s names. The clerk may also ask for proof of divorce or a death certificate if a prior spouse is deceased. Confirm specific requirements with the circuit court office.
Applying For a Marriage License in Virginia
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- None
- License Valid For:
- 60 Days
- License Must Be Submitted:
- Within 5 Days of Ceremony
Once a couple has been issued a Virginia marriage license, they can wed anywhere within the state. There is no required waiting period after obtaining a license, but the marriage ceremony must take place within 60 days after the issue date.
Couples are free to marry in either civil or religious ceremonies. As religious actors, ULC ministers may only perform religious weddings.
§ 20-14.1
Every marriage license issued under § 20-14 shall constitute authority for a period of only sixty days from the date of issuance for the solemnization of a marriage of the licensees. Whenever such sixty-day period shall have elapsed without the solemnization of a marriage of the licensees, the license shall expire. The provisions of this section shall not be construed to prevent licensees from applying for or receiving an additional license, either before or after expiration of any license, but no new license shall be issued except in compliance with all provisions of law applicable to the issuance of a license in the first instance.
How to Become a Wedding Officiant in Virginia
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Ordination Credential
- Online Ordination Recognized:
- Not Generally Recognized
- Relevant Office of Registration:
- County Clerk
- Latest Document(s) Submission Date Allowed:
- Before Ceremony
- Minister I.D. # Issued:
- No
No laws explicitly prevent online ordained ministers from solemnizing weddings in Virginia. However, some circuit court clerks have refused to register ULC ministers. The prime source of confusion is an Opinions Counsel letter issued by the Attorney General’s office back in 2010. Per this letter, circuit court clerks are not required to permit ministers ordained online to officiate weddings.
Should a minister encounter these difficulties, the state offers some alternative solutions. Any circuit court can issue a one-time civil ceremony authorization. To apply, you must be a county resident that’s at least 18 years of age and possessing no felony convictions. You will also need to pay a $500 cash bond if your application is approved. Ministers are authorized at the county level in Virginia, and some circuit courts do allow ULC ministers to officiate weddings.
Ministers officiating weddings in Virginia must be at least 18 years old. The state has no restrictions on a minister’s gender, beliefs, or place of origin. Officiants may need to present credentials, including proof of ordination. The ULC’s Classic Wedding Package contains this and other key documents.
§ 20-23
When a minister of any religious denomination shall produce before the circuit court of any county or city in this Commonwealth, or before the judge of such court or before the clerk of such court at any time, proof of his ordination and of his being in regular communion with the religious society of which he is a reputed member, or proof that he holds a local minister's license and is serving as a regularly appointed pastor in his denomination, such court, or the judge thereof, or the clerk of such court at any time, may make an order authorizing such minister to celebrate the rites of matrimony in this Commonwealth. Any order made under this section may be rescinded at any time by the court or by the judge thereof.
Getting Married in Virginia
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
Virginia couples and their officiating ministers must be physically present together during their wedding ceremonies. However, the state does not mandate the presence of witnesses. Virginia requires two basic things for a legal marriage ceremony: Both halves of the couple must state their consent and the minister must pronounce them as married.
§ 20-30
The clerks of the circuit courts of any counties or their deputies and the clerks of the circuit courts of any cities or their deputies are authorized to issue marriage licenses in conformity with the law now governing the same, to any persons desiring to be married on any of the government reservations of this Commonwealth, lying within their respective counties and which reservations were before the acquisition thereof part of the political territory of this Commonwealth, and any marriage ceremony performed on such reservations shall be as legal to all intents and purposes as if performed in any county or city of the Commonwealth, if the person performing the ceremony was qualified to so act. All marriages heretofore solemnized within the limits of any such reservations are hereby ratified and legalized to all intents and purposes as if performed in any county or city of the Commonwealth.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
Ministers have one final responsibility after a wedding ceremony: completing the marriage certificate. It must bear the date of the ceremony plus the officiant’s information. Officiants should use “minister” as their title and “Universal Life Church” as the ordaining body. The completed certificate must be returned to the issuing circuit court within five days of the ceremony.
§ 20-20
The clerk to whom the license and certificate are returned, shall file and preserve the original in his office, and make an index of the names of both of the parties married. When the certificates of such person celebrating such marriage are returned to the clerk, and recorded as provided in this section and § 32.1-267, copies of the same properly certified by the clerk lawfully having the custody thereof or properly certified by the State Registrar of Vital Statistics shall be prima facie evidence of the facts therein set forth in all courts of this Commonwealth.
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