Getting Married in Virginia: A Legal Guide
Getting married in Virginia requires obtaining a marriage license from a circuit court clerk, which is valid for 60 days with no waiting period after issuance. Both parties must appear in person with valid identification, pay the license fee (typically $30-50), and can then have the ceremony performed by an authorized officiant.
Virginia marriage licenses are only valid within the Commonwealth's borders, and while blood tests are no longer required, couples should gather necessary documentation (identification, proof of age, and divorce decrees if applicable) before applying for their license.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Marriage License Requirements (Code of Virginia § 20-14)
In Virginia, couples must obtain a marriage license before getting married. Both parties must appear in person at a circuit court clerk's office, provide identification, and pay a fee (typically $30-$50). There is no waiting period after receiving the license, but it expires after 60 days if unused.
Age Requirements (Code of Virginia § 20-45.1)
Virginia law prohibits marriage if either party is under 18 years of age. Prior to 2016, minors as young as 16 could marry with parental consent, but this was changed to prevent forced marriages and protect minors.
Marriage Ceremony Requirements (Code of Virginia § 20-13)
Virginia recognizes marriages performed by various authorized officials including judges, magistrates, ministers, and other religious leaders who are registered with the circuit court. The ceremony must include a declaration by both parties that they take each other as husband and wife, made in the presence of the officiant and at least two witnesses.
Marriage Certificate Filing (Code of Virginia § 32.1-267)
After the ceremony, the officiant must complete the marriage certificate and return it to the clerk's office within 5 days. This official filing is necessary to create a legal record of the marriage. Couples should request certified copies of their marriage certificate for legal purposes.
Name Change After Marriage (Code of Virginia § 20-121.4)
Virginia law allows either spouse to change their surname after marriage. This can be done by consistently using the new name and updating identification documents. The marriage certificate serves as legal proof for changing names on documents like driver's licenses, Social Security cards, and passports.
Regional Variances
Northern Virginia
Fairfax County requires marriage license applications to be submitted in person at the Circuit Court Clerk's Office. Both parties must appear together, and the license fee is $30. Fairfax offers a pre-application system online to expedite the in-person process.
Arlington County requires couples to apply in person at the Circuit Court. The marriage license fee is $30, and the license is valid for 60 days. Arlington County Clerk's office offers appointment scheduling online to reduce wait times.
Alexandria requires both parties to appear in person at the Circuit Court Clerk's Office. The license fee is $30, and no blood tests are required. Alexandria offers extended hours on Thursdays for marriage license applications.
Hampton Roads Region
Virginia Beach requires marriage license applications at the Circuit Court Clerk's Office. The fee is $30, and the license is valid for 60 days from issuance. Virginia Beach allows military personnel to provide military ID as one form of identification.
Norfolk requires both applicants to appear in person at the Circuit Court. The license fee is $30, and no blood tests or waiting periods are required. Norfolk has specific documentation requirements for those previously married, requiring divorce decrees or death certificates.
Richmond Metropolitan Area
Richmond City requires both parties to apply in person at the John Marshall Courts Building. The license fee is $30, and the license is valid for 60 days. Richmond offers civil ceremony services at the courthouse for an additional fee.
Henrico County requires in-person applications at the Circuit Court Clerk's Office. The fee is $30, and both applicants must provide valid identification. Henrico has specific requirements for minors getting married, requiring court approval for those under 18.
Western Virginia
Roanoke County requires both parties to apply in person at the Circuit Court. The license fee is $30, and no blood tests are required. Roanoke County has specific requirements for non-English speakers, who must bring their own translator.
Charlottesville requires marriage license applications at the Circuit Court Clerk's Office. The fee is $30, and both parties must provide valid ID. Charlottesville allows couples to apply for a marriage license in any Virginia circuit court regardless of where the ceremony will take place.
Suggested Compliance Checklist
Apply for a Marriage License
30-60 days before wedding days after startingIn Virginia, both parties must appear in person at a circuit court clerk's office to apply for a marriage license. You'll need to bring valid identification (driver's license, passport, or birth certificate), and pay the license fee (approximately $30-50, varies by county). There is no waiting period in Virginia, and the license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
60-90 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and establish financial expectations. In Virginia, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing.
Update or Create a Will
30-60 days after wedding days after startingMarriage automatically revokes a previously existing will in Virginia unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. Virginia requires wills to be in writing, signed by the testator, and witnessed by two competent witnesses who sign in the presence of the testator and each other.
Create a Healthcare Power of Attorney
30-60 days after wedding days after startingThis document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Virginia, this is part of an Advance Medical Directive. The document must be signed by the principal (you) and witnessed by two adults who are present when you sign. It does not need to be notarized, though notarization can add an extra layer of validity.
Create a Durable Power of Attorney
30-60 days after wedding days after startingThis document allows your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Virginia, a power of attorney must be in writing, signed by the principal (you), and acknowledged before a notary public to be durable (remain in effect if you become incapacitated).
Update Beneficiary Designation Forms
30-60 days after wedding days after startingReview and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, etc.), and other financial accounts to include your spouse if desired. These designations typically override will provisions, so it's important to keep them current. Request the appropriate forms from each financial institution or employer.
Apply for Name Change (if applicable)
30-60 days after wedding days after startingIf either spouse wishes to change their name after marriage, you'll need your certified marriage license to update your name with the Social Security Administration first, then the DMV for your driver's license, and finally with other institutions. In Virginia, your marriage license serves as legal documentation for a name change without requiring a separate court petition.
Update Health Insurance Coverage
30-60 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. You typically have 30-60 days after your wedding to make these changes. Contact your employer's HR department or your insurance provider directly to request the appropriate forms.
Consider Joint Banking Options
60-90 days after wedding days after startingDecide whether to maintain separate accounts, create joint accounts, or use a combination approach. If opening joint accounts, both spouses will need to visit the financial institution together with identification, marriage certificate, and possibly Social Security cards. Virginia follows equitable distribution laws, meaning marital property (including joint accounts) is divided fairly but not necessarily equally in case of divorce.
Update Tax Filing Status
By next tax filing deadline days after startingResearch whether filing jointly or separately is more advantageous for your specific financial situation. If you're married as of December 31, you're considered married for the entire tax year. Consult with a tax professional to understand the implications for your specific situation.
Review and Update Property Titles
90-120 days after wedding days after startingFor real estate and vehicles, decide whether to add your spouse to the title. In Virginia, married couples often hold property as 'tenants by the entirety,' which provides protection from creditors of only one spouse. This requires filing new deeds with the county clerk's office for real estate or visiting the DMV for vehicles.
Notify Relevant Parties of Address Changes (if applicable)
30 days after address change days after startingIf either spouse is relocating, update your address with the postal service, employers, financial institutions, insurance providers, and government agencies. In Virginia, you must update your driver's license address within 30 days of moving.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | In Virginia, both parties must appear in person at a circuit court clerk's office to apply for a marriage license. You'll need to bring valid identification (driver's license, passport, or birth certificate), and pay the license fee (approximately $30-50, varies by county). There is no waiting period in Virginia, and the license is valid for 60 days after issuance. | - | 30-60 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and establish financial expectations. In Virginia, prenups must be in writing, signed by both parties, and executed voluntarily with full financial disclosure. For the agreement to be enforceable, both parties should have independent legal counsel review it before signing. | Prenuptial Agreement | 60-90 days before wedding |
| Update or Create a Will | Marriage automatically revokes a previously existing will in Virginia unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included in your estate plans as desired. Virginia requires wills to be in writing, signed by the testator, and witnessed by two competent witnesses who sign in the presence of the testator and each other. | Updated Will | 30-60 days after wedding |
| Create a Healthcare Power of Attorney | This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Virginia, this is part of an Advance Medical Directive. The document must be signed by the principal (you) and witnessed by two adults who are present when you sign. It does not need to be notarized, though notarization can add an extra layer of validity. | Healthcare Power of Attorney | 30-60 days after wedding |
| Create a Durable Power of Attorney | This document allows your spouse (or another designated person) to handle financial and legal matters on your behalf if you become incapacitated. In Virginia, a power of attorney must be in writing, signed by the principal (you), and acknowledged before a notary public to be durable (remain in effect if you become incapacitated). | Durable Power of Attorney | 30-60 days after wedding |
| Update Beneficiary Designation Forms | Review and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA, etc.), and other financial accounts to include your spouse if desired. These designations typically override will provisions, so it's important to keep them current. Request the appropriate forms from each financial institution or employer. | Beneficiary Designation Forms | 30-60 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name after marriage, you'll need your certified marriage license to update your name with the Social Security Administration first, then the DMV for your driver's license, and finally with other institutions. In Virginia, your marriage license serves as legal documentation for a name change without requiring a separate court petition. | Name Change Application | 30-60 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. You typically have 30-60 days after your wedding to make these changes. Contact your employer's HR department or your insurance provider directly to request the appropriate forms. | Health Insurance Coverage Change Form | 30-60 days after wedding |
| Consider Joint Banking Options | Decide whether to maintain separate accounts, create joint accounts, or use a combination approach. If opening joint accounts, both spouses will need to visit the financial institution together with identification, marriage certificate, and possibly Social Security cards. Virginia follows equitable distribution laws, meaning marital property (including joint accounts) is divided fairly but not necessarily equally in case of divorce. | Joint Bank Account Application | 60-90 days after wedding |
| Update Tax Filing Status | Research whether filing jointly or separately is more advantageous for your specific financial situation. If you're married as of December 31, you're considered married for the entire tax year. Consult with a tax professional to understand the implications for your specific situation. | - | By next tax filing deadline |
| Review and Update Property Titles | For real estate and vehicles, decide whether to add your spouse to the title. In Virginia, married couples often hold property as 'tenants by the entirety,' which provides protection from creditors of only one spouse. This requires filing new deeds with the county clerk's office for real estate or visiting the DMV for vehicles. | - | 90-120 days after wedding |
| Notify Relevant Parties of Address Changes (if applicable) | If either spouse is relocating, update your address with the postal service, employers, financial institutions, insurance providers, and government agencies. In Virginia, you must update your driver's license address within 30 days of moving. | - | 30 days after address change |
Frequently Asked Questions
In Virginia, you must obtain a marriage license from a circuit court clerk's office, which is valid for 60 days. Both parties must appear in person with valid ID. There is no waiting period after receiving the license. You must be at least 18 years old to marry without parental consent (16-17 year-olds need parental consent). The marriage must be performed by an authorized person such as a judge, court clerk, or religious minister. Virginia does not require blood tests or residency requirements.
A marriage license in Virginia typically costs between $30-$50, depending on the county. Some counties may charge additional fees for certified copies. Payment methods vary by location, so it's advisable to check with the specific circuit court clerk's office where you plan to apply.
No, Virginia does not recognize common law marriages established within the state. However, if a common law marriage was legally established in a state that does recognize them, Virginia will generally recognize that marriage under the principle of comity (respecting the laws of other jurisdictions).
When applying for a marriage license in Virginia, both parties need to bring: 1) Valid government-issued photo ID (driver's license, passport, etc.), 2) Social Security numbers (you don't need the physical card), 3) If previously married, proof of how the marriage ended (divorce decree, death certificate, etc.), 4) If under 18, parental consent forms and possibly birth certificates. Some counties may have additional requirements.
Yes, you can change your name after marriage in Virginia. Your marriage license serves as the legal document for this change. After marriage, you'll need to update your name with the Social Security Administration first, then with the DMV for your driver's license, and then with other institutions like banks, employers, etc. The marriage certificate itself doesn't automatically change your name; you must actively update it with each relevant organization.
Virginia does not require a waiting period between obtaining your marriage license and having your ceremony. You can get married the same day you receive your license if you wish. Additionally, Virginia does not require blood tests or medical examinations for marriage licenses.
In Virginia, marriages can be performed by: 1) Judges and justices of Virginia courts, 2) Federal judges who reside in Virginia, 3) Active or retired magistrates, 4) Court clerks or deputy clerks, 5) Ordained ministers, priests, or rabbis, 6) A person appointed by a circuit court. Religious officiants must be authorized by their religious organization and registered with at least one circuit court in Virginia.
Virginia does not offer covenant marriages. Covenant marriages, which are available in some states like Arizona, Arkansas, and Louisiana, are a legally distinct type of marriage with stricter requirements for both entering and dissolving the marriage. All marriages in Virginia follow the same legal standards regardless of religious ceremony.
Virginia is not a community property state but follows equitable distribution laws. This means that property acquired during marriage is not automatically jointly owned 50/50. In case of divorce, courts divide marital property 'equitably' based on various factors. Property owned before marriage typically remains separate property, but commingling assets can complicate matters. Consider creating a prenuptial agreement if you have significant assets or concerns about property division.
A prenuptial agreement is not legally required in Virginia, but it may be advisable depending on your situation. Consider a prenup if you: 1) Have significant assets or debts, 2) Own a business, 3) Expect substantial inheritance, 4) Have children from previous relationships, 5) Want to clarify financial responsibilities during marriage. To be valid in Virginia, prenups must be in writing, signed by both parties, entered into voluntarily, and include full financial disclosure. It's recommended that each party have independent legal counsel.