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Virginia Marriage License Requirements *Please note: State and county marriage license requirements often change. Check with the city court clerks office for the city in which you are planning to get married.
To apply for a Marriage License in the state of Virginia you must
both visit the city's court clerk's office
together to acquire the license.
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. Most of the offices of the clerks are closed on
Saturday.
Residency Requirement:
Do not have to be a
resident of Virginia
• No license issued to Out of State couples who are under the age of sixteen. 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: No blood test requirement. Under 18: The minimum age for marriage in the State of Virginia is sixteen years for both bride and groom; however, if either party is under eighteen, 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, persons appointed by the court may perform the ceremonies. These such persons are 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. Then forwarded to the State Division of Vital Records. The couple receives a marriage certificate. Prohibited Marriages: • A marriage between an ancestor and descendant; or between a brother/sister, uncle/niece, and aunt/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.
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