If the clerk and deputy clerk are unable to issue a license, the judge of the circuit court must act as their substitute, although returns will still be directed to the clerk. Any clerk or deputy clerk of the circuit court who knowingly issues a marriage license to someone not entitled to receive it may be punished with up to a year's worth of jail time and a fine up to $500. State of Virginia Marriage License Requirements. Are there people who can marry you at a courthouse? There are 20 references cited in this article, which can be found at the bottom of the page. Nevertheless, it is the prerogative of the clerk to solicit divorce/death/annulment documents anyway in order to insulate themselves from unlawfully issuing a license. 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. No oath is required. The family wedding would be just for show. This article has been viewed 158,097 times. Just choose the next closest spot, as a license gotten from any county/city is viable anywhere in the commonwealth. 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. You may now apply for a license from any clerk of the circuit court office. References Applying for your Marriage License. Although marriage license application questions are determined by the State Registrar of Vital Records, every clerk of the circuit court office is responsible for creating and printing their own forms. You may obtain a certified copy of a marriage license from the Circuit Court Clerk's Office that issued the marriage license. Jump to: Requirements Jump to: Comments Now viewing: Locations. ID such as a driver’s license, passport, or Military ID is required. The Circuit Court Clerk's Office is located at 1 Main Street, Madison, Virginia. 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. Hours for marriage licenses are 8:30 a.m. to 4:15 p.m., Monday through Friday (excluding holidays) and no appointment is necessary. Your prior spouse was absent and not known to be alive for seven successive years immediately prior to your subsequent marriage. 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.S. armed forces, or are living separate from your parents or guardian, with their blessing, while demonstrating the ability to competently handle your own finances. Yes, you can. Any non-emancipated minor who marries in the commonwealth after July 1, 2016 will have a marriage that will be voided from its beginning following a divorce or annulment. Consent must be given in the county or jurisdiction where the female partner lives in these cases. The trial venue will be held in the county or city where you and your spouse cohabitated. Most Circuit Courts do not offer refunds. Include your email address to get a message when this question is answered. Approved. Judges should be able to marry you at the courthouse. 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. Fifty dollars is the maximum amount an officiant may charge to solemnize your marriage. Today, that is no longer the case. Determine if you and your partner are eligible to marry one another. A couple may go to any circuit court in Virginia to obtain this license. This article has been viewed 158,097 times. By signing up you are agreeing to receive emails according to our privacy policy. If you're a resident of Virginia who leaves the commonwealth to get married to a member of your family where that marriage would be deemed illegal here, upon your return you'll be confronted with a voided marriage, as well as a prison sentence that could top six months or a maximum fine of $500. Completion entails documenting when and where the marriage was held and who performed it. You will have to get in contact with the prisoner's counselor in order to set up a time that you can get the license signed by the prisoner and notarized. Once the license is issued, there is no waiting period and no blood test is required. The Virginia Department of Health is currently revising the content on this page. A certified copy of your marriage certificate legally authorizes the changing of your name on the following documents: Photocopies of your marriage certificate are typically sufficient for most non-government institutions. Yes, you can't legally marry while still being married to someone else. 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. And the VA marriage license is valid throughout Virginia regardless of what county or city it was obtained. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Adult ID card, learner's permit, driver's license, or emancipated minor's identification card, with the Department of Motor Vehicles. Most likely, yes. Three Virginia couples are challenging the constitutionality of a state law that requires they identify their race to be able to obtain a marriage license. 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. Can I use a hyphenated name when I get married? Your marriage license will expire 60 days after it's been issued. Once you sign and return the marriage return and marriage register forms you will get your $500 back and the marriage will be official. Feel free to purchase another license if you're edging close to your expiration date, although you won't be refunded for the prior buy. If you or your fiancé(e) have been previously married, there is no waiting period from the date of divorce to remarriage. I had been waiting to get mail showing where we live. About Virginia Marriage Records A few marriage records were kept in Virginia before 1853. If you're getting married in Virginia, you must first apply for a marriage license. In Virginia, marriage requires consent and competence, a marriage license, and solemnization. You are no longer required to obtain a physical exam and blood test for syphilis. Click on the “local website” link in the upper right corner to go to the individual court’s website. Below, you'll find a list of counties and cities containing circuit courts locations. Every marriage in Virginia must be licensed and solemnized according to state law. In some circuit courts, parents or legal guardians of minors may be required to appear in person to consent to the minor’s marriage. How do we obtain a Marriage License: Clerk's Office processes licenses between 8:30am-4:00pm, Monday-Friday. 3) The following marriages are illegal in Virginia Parent or guardian consent is required in both cases. Marriage between prohibited family members is void. Prior to March 18, 1995, residents of Virginia who wished to marry in the commonwealth were required to apply for a marriage license in the county or city of either applicant's residence. About Marriage Records in Virginia Virginia mariage records are managed by the Office of Vital records, which is a division of the Department of Health. Prior to July 1, 2016, 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. Good luck. Can I get married the same day I apply for a marriage license? To request a certifie​d copy of your marriage license by mail, complete the Certified Copy of Marriage License Form and mail it to: 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. Successful petitioners will be granted a certified copy of the order of emancipation. 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. For additional information view the … You have to have proof of divorce to remarry. The marriage ceremony must be performed in Virginia within 60 days after the license is issued. As soon as the application is complete, you’ll get your license, which is good for 60 calendar days. If the celebrant does not return these forms, Virginia will not have a record of your marriage. 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. Do I need to be a resident of Virginia to get married in Virginia? The information given in order to obtain the license may include detail not available elsewhere. When you purchase a marriage license it does not include a complementary certified copy of your marriage certificate. Birth and death records are available from 1853 to 1896 and 1912 to present. The person who presides over your marriage is called the officiant. If you are getting married here in the Winchester area, you can get one at either the Frederick County or Winchester City Circuit Courthouse which are both located on 5 North Kent Street, Winchester, Virginia 22601. To learn how to gather the required signatures on the marriage license after the wedding, keep reading! Fortunately, the application process is relatively simple. The UK Government website is a great place to start. My wife passed, do I need a death certificate to marry? He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. No oath or bond is required. Each Circuit Court maintains a list of appointed individuals who are eligible to perform civil marriage ceremonies. 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. Thus, after the act took effect in 1754, marriage banns typically list wikiHow is where trusted research and expert knowledge come together. The power to solemnize marriages in the commonwealth isn't consigned to just judges and ministers; anyone may obtain an order that permits him or her to perform marriages by registering with any clerk or judge of a commonwealth circuit court and executing a penalty bond of $500, which may be with our without surety. The following types of marriages are void, or subject to voiding, in the commonwealth: 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. You will be required to supply the following information about yourself: The clerk of the circuit court will administer an oath where you must swear—under penalty of perjury—that the information you've provided in your application is true; no lawful impediment to your proposed marriage exists; and you are legally competent, not about to commit bigamy, and not related to the other applicant within a prohibited degree. Contact Info. Both you and your to-be must obtain a marriage license through any Virginia Circuit Court Clerk; the Virginia location of your nuptials is irrelevant to the licensing. Both parties must be present. Jump to: Requirements Now viewing: Comments Jump to: Locations. Your parent or legal guardian can consent in person during the application process. But now I realized I didn't need to do, "The article answered my question about whether I had to go to the same circuit court as where I wanted to be, "The article helped me understand what had to be done in order to acquire a marriage license in PA.", "Very easy to understand the simple step-by-step instructions. It's … Marriage license fees are $30 and can be paid by cash or Visa/MasterCard (4% service charge applies). Virginia does not require blood tests to obtain a marriage license. Social security card, with any local Social Security Administration office. This local website will give you information about applying for a marriage license at that court, such as hours, fees, and identification requirements. No. Both you and your parent or guardian will be appointed separate counsel. Ten dollars of the license fee is apportioned to the Virginia Department of Social Services to fund state domestic violence programs. If you want to get married in Virginia, you can apply for your marriage license in any circuit court. 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. Certified copies of your marriage certificate will be available for order post-recording. A certified copy of your marriage certificates serves as proof of marriage, and must be accepted at face value in all commonwealth courts. You cannot marry if you have a living husband or wife. Present current, valid, government issued photo i.d. If you don’t use the license to get married within 60 days, you’ll have to reapply and pay a new fee. The latter would be highly susceptible to a dissolution or annulment action stemming from alleged incapacitation. A copy will have to be found, though it is possible you can get a copy from wherever you filed your divorce. Doctor of Law, University of Wisconsin-Madison. The consent may usually also be given in notarized written form when it is sworn before a notary public. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Thanks to all authors for creating a page that has been read 158,097 times. Birth records older than 100 years of age and death, marriage and divorce records 50 years of age ar… 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. There are three ways of ordering vital records from the Virginia Department of Health state office, by mail, walk in service, or online through the VitalChek system. You are not required to have witnesses sign your marriage license. 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. Issuance of marriage licenses and marriage certificates. This same punishment also applies to unauthorized officiants. A Virginia marriage license can be obtained at any Virginia Circuit Courthouse (see a full list here) by anyone of legal age from anywhere in the world! Online ordinations, such as those from the Universal Life Church or American Marriage Ministries, are usually not recognized by Circuit Courts. Passport, with any U.S. passport agency or center. It's also the document you'll use to change your name after marriage. The church allowed them to avoid the delay and publicity of calling banns on three successive Sundays by providing, for a fee, a marriage license. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. Please log in, or sign up for a new account and purchase a subscription to continue reading. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. § 20-16. 1) The minimum age for marriage in Virginia is 18 years unless the minor is emancipated by a court order which must be presented at the time of application 2) The license can only be used in the Commonwealth of Virginia, and must be used or returned to us within 60 days. If you or your partner have been previously married, you should plan to provide proof that the previous marriage has ended. ... View Virginia information about obtaining marriage licenses and marriage certificates. Out-of-state ministers must present themselves and documentation of their ordination and pastoral appointment to the Circuit Court office. Some Circuit Courts may have an online “pre-application” for available. The marriage application process in Virginia is quite simple. No oath is required. You can marry through a civil ceremony or a religious ceremony performed by a willing church. 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