Can a person get a second marriage license if one expires?

Full question:

My girlfriend and I are residents of Virginia. We received a marriage license and the 60-day validity period will expire by next week. We have not solemnized the marriage yet. Can we extend the license before it expires or do we have to get a new one?

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

Answer:

In Virginia, a marriage license will expire sixty days it is issued. If the marriage is not solemnized in that period, the parties can apply for an additional license, either before or after expiration of the license. The duration of the marriage license and issuance of additional licenses is covered under Va. Code Ann. § 20-14.1 which reads:

   “Every marriage license issued under § 20-14 shall constitute authority for a period of only sixty days from the date of issuance for the solemnization of a marriage of the licensees. Whenever such sixty-day period shall have elapsed without the solemnization of a marriage of the licensees, the license shall expire.
The provisions of this section shall not be construed to prevent licensees from applying for or receiving an additional license, either before or after expiration of any license, but no new license shall be issued except in compliance with all provisions of law applicable to the issuance of a license in the first instance.”
 
Va. Code Ann. § 20-14 reads:

   “Every license for a marriage shall be issued by the clerk or deputy clerk of a circuit court of any county or city. If from any cause neither the clerk nor his deputy is able to issue the license, it may be issued by the judge of the circuit court of such county, or city, who shall make return thereof to the clerk as soon as there may be one.”

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

No, a marriage license does not mean you are married in Virginia. It is a legal document that allows you to solemnize your marriage. You must have a ceremony and follow the legal requirements to be officially married.