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 parties 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 female 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;
"Common law" marriages are not valid if entered into in Virginia or any other jurisdiction which does not permit them for its residents.
3. 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 (such as photo id) of certain information on the application (such as age or termination of previous marriage).
Marriage License Application
The marriage must be performed within 60 days of the license being issued.
There is a fee of $30 to issue the marriage license.
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 or from the Virginia Division of Vital Records
in Richmond at (804)662-6200.