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:
Age Requirements & Consent
The minimum age for marriage in the Commonwealth of Virginia is 18 years for both parties, unless a minor has been emancipated by court order. Upon application for a marriage license, an emancipated minor shall provide a certified copy of the order of emancipation.
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
- Between an ancestor and descendant
- Between a brother and a sister
- Between an uncle and a niece
- Between an aunt and a nephew whether the relationship is by the half or whole blood
- 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.
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 shall be asked to furnish documentary proof (such as photo id) of certain information on the application (such as age or termination of previous marriage).
The marriage must be performed within 60 days of the license being issued.
Fees & Copies
There is a fee of $30 to issue the marriage license. We accept cash, check or credit card (no debit/check cards).
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 Department of Health Vital Records in Richmond at 804-662-6200.
The officiant must not make any corrections when completing their portion of the marriage license. If a correction is made, the officiant will have to come in with both copies of the license and complete an affidavit.