Common-law marriage has diverse names, from "marriage in fact", "marriage by repute and habit", "informal…
Where to Apply
Where do I go to get a marriage license?
You can apply for a Virginia marriage license at any circuit court clerk's office from any county or independent city.
Costs
What's the marriage license fee?
A Virginia marriage license costs between $30 and $33, depending on where you apply.
Residency
Does my residency matter?
Residency requirements haven't been imposed since March 18, 1995.
Usage
Where can I use my marriage license?
Your Virginia-based marriage license can be used anywhere in the Commonwealth, and only in the Commonwealth.
Application
What will the application ask of me?
Under oath, the marriage license application will ask for your name, gender, race, residence, education completed, marital history, social security number; birth surname, date, and place; and parents' names, birth surnames, and genders.
Attendance
Must we apply together?
You and your fiancé must apply in person, together. The option to apply absentee was abolished in 2015.
Age Requirements
How old do I have to be to get married?
Aged 18 and over?
You may marry if you're at least 18 years old and have the physical and mental capacity to consent to marriage.
Aged 16 and 17?
If you're 16 or 17 years old, you must be legally emancipated to marry. Show a certified copy of the emancipation court order to the circuit court clerk.
Aged 15 and under?
If you're under the age of 16, you can't marry. Parental consent plus pregnancy was a gateway to lawful marriage, but Virginia law ended that on July 1, 2016.
Waiting Period
When will I get my marriage license?
Your marriage license will be issued immediately, after which it is ready to be used.
Expiration
When will my marriage license expire?
Your marriage license will remain valid for 60 days after it's been issued. An unused license must be returned to the circuit court clerk.
Identification
What ID must I bring?
Bring valid government-issued photo ID, such as a driver's license, military ID card, state-issued ID card, passport, citizenship papers, or immigration papers.
Blood Test
Do I have to get a blood test?
The blood test and physical exam marriage license requirement ended in 1984.
Divorced
Do I have to prove I'm divorced?
Only some circuit court clerks will ask to see a certified copy of your divorce decree, so prepare for the possibility or call ahead to be sure.
Widowed
Do I have to prove my prior spouse died?
Although all circuit court clerks are authorized to request proof of death, not all do. If necessary, bring a certified copy of your late spouse's death certificate.
Witnesses
Do I have to bring witnesses to my ceremony?
You are not obligated to bring any witnesses to your marriage ceremony.
Name Change
Can I change my name after I'm married?
Changing your name after marriage is simplified by using your marriage certificate as the authorizing document. It's recognized by the SSA, DMV, and other institutions. You can use of a name change application to help complete the process.
License Return
When does my license go back?
Whoever presides over your marriage must return the marriage license to the circuit court clerk for recording no more than five days after the ceremony.
Marriage Certificate
How can I get a copy of my marriage certificate?
You can purchase a certified copy of your marriage certificate by mail or in person for $2.50 each from the circuit court clerk's office that issued your license. The state's division of vital records in Richmond also sells them for $12.
Note: You can typically preorder certified copies when you apply for your license.
Common-law Marriage
Is common-law marriage recognized?
Virginia law will neither allow you to enter into a common-law marriage nor does it recognize one legally established elsewhere.
Cousin Marriage
Am I permitted to marry my cousin?
You can marry your first cousin, but no other close family relationship, whether related by the whole blood, half blood, or adoption.
Proxy Marriage
Can I get a proxy marriage?
Virginia does not allow you to get married-by-proxy. You must attend your own ceremony.
Civil Ceremony
Can I get married in a civil ceremony?
Employees in the circuit court clerk's office do not perform civil ceremonies. However, they can direct you to a court-authorized marriage commissioner who can. By law, the civil ceremony fee maxes out at $50.
Is one able to get an marriage license if loved one incarcerated?
Hi Tameka. The inmate must submit a "Inmate Marriage Request" to the facility head. Ceremonies may either be conducted in person or by phone.
How would I go about applying for a marriage license if my fiancé is on deployment for the US Military? Is there any way to do it not in-person?
Hi Angela. Unfortunately, you must both apply together, in-person.
Who would we contact to do the ceremony at the courthouse after we get our marriage license? Thanks in advance.
Hi Denise. The circuit court clerk can direct you to a marriage commissioner to officiate your marriage. It's a good idea to inquire in advance to get on their schedule.
Can the marriage commissioner marry us the same day we get the license?
Hi Denise. You'll likely have to schedule an appointment.
How long before I get married do I need to apply for a marriage license?
Hi Hope. You must apply for your Virginia marriage license within 60 days of your marriage date.