Key Aspects of Virginia’s Marriage Laws

Virginia's marriage laws are designed to guide couples through the legal process of getting married in the state. Understanding these laws is crucial for anyone considering tying the knot in Virginia. Below are key aspects of these laws that every couple should be aware of.

1. Marriage License Requirements

To get married in Virginia, couples must obtain a marriage license from the circuit court in any county or city. Both parties must be present and provide valid forms of identification, such as a driver's license or passport. Additionally, there is a fee that ranges from $30 to $50, depending on the locality.

2. Age Restrictions

The minimum legal age to marry in Virginia is 18 years old. However, individuals aged 16 and 17 can marry with parental consent and court approval. Those under 16 cannot marry in Virginia, which reflects the state's commitment to protecting minors.

3. Waiting Period

Virginia does not impose a waiting period for couples once they receive their marriage license. This means couples can get married immediately after obtaining the license, making the process straightforward for those who wish to wed quickly.

4. Common Law Marriage

Virginia does not recognize common law marriages. Couples must go through the formal process of obtaining a marriage license to be considered legally married in the state. This is an essential distinction for those who may mistakenly believe that cohabitation can establish a legal marriage in Virginia.

5. Marriage Ceremony Requirements

In Virginia, a marriage ceremony is required to finalize the marriage. Couples can choose to have their ceremony conducted by a religious official, a judge, or any person authorized to perform marriages in the state. Additionally, two witnesses must be present at the ceremony to ensure it is legally valid.

6. Name Changes

After marriage, individuals can choose to change their last name. Virginia law allows both partners the option to adopt the surname of their spouse, hyphenate their last names, or retain their original names. It's essential to update legal documents, such as Social Security cards and driver's licenses, following a name change.

7. Divorce and Annulment

If a couple decides to end their marriage, Virginia's laws dictate the process. Couples can file for divorce after six months of separation if they have no children and agree on property division or one year if children are involved. Annulments are also an option in Virginia but are generally reserved for specific circumstances, such as fraud or incapacity during the marriage.

Understanding the key aspects of Virginia's marriage laws can help couples navigate the legal requirements smoothly. Being informed ensures that their special day is memorable for all the right reasons, free from legal complications.

For couples planning to marry in Virginia, ensuring compliance with these laws will provide peace of mind and help them focus on their upcoming celebrations.