Is it mandatory to obtain marriage license before solemnization of the marriage?

Full question:

I live in Virginia. I like to get married soon with my boyfriend. Is it mandatory to obtain marriage license before solemnization of the marriage? Can I enter a marriage without obtaining marriage license?

  • Category: Marriage
  • Subcategory: License
  • Date:
  • State: Virginia

Answer:

In Virginia, every marriage shall be under a license and solemnized in the manner provided by law. No marriage or attempted marriage, can be held valid unless shown to have been under a license, and solemnized per the statutes. The marriage license is a mandatory requirement prior to the solemnization of the marriage. The provision of a criminal penalty to the performance of a marriage ceremony without a license shows that a lawful marriage may be contracted by solemnization only after obtaining a license. Thus, you may solemnize your marriage only after obtaining a valid marriage license.

In Virginia, the provisions related to the marriage license and solemnization of marriage is provided under Va. Code Ann. § 20-13 and Va. Code Ann. § 20-28. Va. Code Ann. § 20-13 reads as follows:
 
“Every marriage in this Commonwealth shall be under a license and solemnized in the manner herein provided.”

Va. Code Ann. § 20-28 provides that:
“If any person knowingly perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so, he shall be confined in jail not exceeding one year, and fined not exceeding $ 500.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Virginia, to marry someone, you must obtain a marriage license from a circuit court. Both parties need to be present and provide valid identification. There is no waiting period, but the license is valid for up to 60 days. Additionally, both parties must be at least 18 years old or have parental consent if younger. You must also not be closely related by blood or marriage. After obtaining the license, a ceremony must be performed to solemnize the marriage legally.