Marriage Licenses

The purpose of this information is to better inform the general public of procedural matters. Nothing contained herein is intended to advise anyone as to legal remedies for a particular circumstance. Circuit Court Clerks and their Deputy Clerks cannot render legal advice.

NEW:  The Roanoke County Circuit Court Clerk's office now  has Real Estate Records On-Line, along with other real estate related documents, via Secure Remote Access (SRA) provided by Virginia's Judicial System web-enabled "Records Management System".  This  information includes Deeds and Land Records, Marriage Licenses, Wills and Fiduciaries, Judgments, Financing Statements and General Miscellaneous documents.

Every marriage in Virginia must be licensed and solemnized according to State Law . The following information is intended to summarize these laws but should not be construed as legal advice:

1. Age Requirements and Consent

The minimum age for marriage in the Commonwealth of Virginia is 16 years for both bride and groom with consent. If either party is less than 18 years old, consent to the marriage must be given in person by the father, mother or legal guardian of the minor. The law permits marriage by residents of Virginia less than sixteen if the bride is pregnant when seeking the marriage license or has been pregnant within the nine months preceding examination by a physician and the parent or guardian of the underage party gives consent wherein the jurisdiction the female resides .

 2. Prohibited Marriages

The following categories of marriages are illegal in Virginia:

A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

A marriage between an ancestor and descendant; or between a brother and a sister; or between an uncle and a niece; or between an aunt and a nephew; whether the relationship is by the half or whole blood or by adoption;

When either party lacks the mental or physical capacity to consent to the marriage;

A marriage between persons of the same sex;

"Common law" marriages are not valid if entered into in Virginia or any other jurisdiction which does not permit them for its residents.

1. Blood Test

Although there is no blood test requirement for marriages in Virginia, couples considering marriage are encouraged to consider tests for diseases such as AIDS.

State Law requires the Clerk of Circuit Court's Office to provide you with health information upon your application for a marriage license. You can be tested by your doctor or you can be tested at the Roanoke County Health Department.

You can have a test performed anonymously (an ID number is used instead of your name). For more information on AIDS or AIDS testing, call the state AIDS hotline at 1-800-533-4148 or visit the Vinton/Roanoke County Health Department.

2. Where to Obtain License

A marriage license may be obtained from the Office of the Clerk of Circuit Court in any city or county in Virginia. A license may be obtained in Roanoke County even if one or both parties do not reside in the County. Once granted, a marriage license permits a marriage ceremony anywhere in the Commonwealth of Virginia.

Both parties must appear in person to receive the license. The Office of the Clerk of Circuit Court in Roanoke County is open from 8:30 a.m. to 4:30 p.m., Monday through Friday except holidays. Each party must furnish the required information under oath or affirmation and falsifying any information on a marriage license could subject the parties to prosecution for perjury. You may be asked to furnish documentary proof of certain information on the application (such as age or termination of previous marriage).

3. Time Limitations

There is no waiting period in Virginia between being granted a divorce and remarrying; between applying for and being issued a marriage license; or between being issued a marriage license and having the ceremony performed. Once a marriage license has been issued, the marriage must be performed within 60 days or the license becomes void. After the marriage ceremony is performed, the officiant (person authorized to celebrate the rites of marriage) must return, within five (5) days, the marriage license and the marriage return forms to the Clerk of Circuit Court's Office which issued the license.

4. Fees

The Clerk of Circuit Court will charge a fee of $30 for issuing a marriage license. Twenty dollars of this fee is a state tax on marriage licenses and $10 is the statutory clerk's fee for issuing and recording the license. The $30 fee may be paid in cash or by local check. The officiant may charge up to $30 for each ceremony, plus standard mileage reimbursement.

1. Who May Perform

No person may celebrate the rites of marriage in Virginia who is not authorized to do so by a Circuit Court. The following categories of officiants may be authorized in the following manner:

A minister of any religious denomination must produce proof of his or her ordination and regular communion with the religious society of which he or she is a reputed member.

Marriages between persons belonging to any religious society which has no ordained minister may be solemnized by the persons and in the manner prescribed and practiced in the society.

Each Circuit Court appoints persons who are eligible to perform civil marriage ceremonies.

2. Structure of Ceremony

There is no statutorily prescribed structure or wording that must be used during a marriage ceremony. Couples are free to write their own vows and plan their own ceremonies in accordance with their own beliefs and customs. The marriage is solemnized when the rites of marriage have been celebrated and the officiant completes the marriage record and the marriage return.

3. Witnesses

There is no statutory requirements that witnesses be present at the marriage ceremony.

4. Marriage Record

Within five days after the marriage ceremony, the officiant must complete and sign the marriage register and the marriage return and forward both forms to the Circuit Court Clerk's office that issued the license. The marriage return is then forwarded to the Virginia Division of Vital Records (Richmond). In addition to these two forms, the officiant is welcome to prepare any other type of certificate to be given to the newly married couple.

If you wish to change your last name upon marriage (whether you are the bride or groom), begin using the new name immediately after the marriage ceremony.

Social Security - Complete Social Security Administration Form SS-5 (this link requires the free Adobe Acrobat Reader) and either mail or take it to your nearest Social Security Office. Include a certified copy of your marriage record (see below). There is no fee for filing Form SS-5. You should receive your new social security card within four weeks and your social security number will not change.  For more information about changing your social security records, contact the Social Security Administration website.

Driver's License - Bring your driver's license, social security card and a certified copy of your marriage record (see below) to the Department of Motor Vehicles office at Crossroads Mall. There is a $5 fee for a new driver's license card.   For more information about correcting your DMV records, visit the DMV website.

Voter Registration - Notify the Registrar's Office of your name change.

Personal Property - Notify the Commissioner of the Revenue of your name change within 30 days.

Address Changes - If you will also be changing your address, don't forget to notify the Registrar's Office, the Commissioner of the Revenue's office, the U. S. Postal Service with the USPS Change of Address Form and the Internal Revenue Service with IRS Form 8822.

Other - Don't forget to notify other agencies, businesses and associates that your name has changed.

Certified copies of marriage records may be obtained in person or by mail from the Circuit Court Clerk's office that issued the marriage license for a fee of $2.50 each, from the Virginia Division of Vital Records  (see Vital Records website for fees) in Richmond or by calling  (804) 662-6200. The full names of the bride and groom as well as the date and place of marriage must be provided. Marriage records are fully searchable in the public records room of the Office of the Clerk of Circuit Court in the Roanoke County Courthouse.