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Virginia Marriage Records

Virginia is one of the states that have no waiting periods after obtaining a marriage license. In other words, once an engaged couple applies for and obtains a Virginia marriage license, they can get married immediately without having to observe any waiting time like in some other states. Per Section 20-48 of the State's Code, an individual must be at least 18 years before they can enter into a marriage. Passed into law in April 2024, House Bill 994 (HB 994) ends child marriage in Virginia, making it the 12th state in the United States and the first in the South to end child marriage. HB 994 established 18 years as the minimum marriage age in the state without exceptions and removed a legal clause that previously permitted emancipated minors to get married in Virginia.

In Virginia, a person is required to register with the state (usually at the county level) to perform the role of an officiant and legally join two individuals in matrimony. After performing their role as a marriage officiant, an officiant must sign copies of the marriage license and return them to the Circuit Court to register the marriage. Once registered, the court will mail a certified copy of the marriage license to the couple and retain a copy for their records, which forms part of the state's marriage records.

Virginia marriage records are public records and may be accessed by the public after a period specified by law. However, access to certified copies is subject to certain eligibility requirements. The state's marriage records are available at the Circuit Courts County Clerk Offices. They may also be obtained from the Virginia Department of Health (VDH). According to reports by the National Center for Health Statistics (NCHS), Virginia's marriage rate has declined in recent years.

What are Marriage Records? 

In Virginia, marriage records serve as legal evidence of a marriage between two individuals. They exist in various forms, including registers and certificates. Marriage records are typically created at the time of marriage. As a result, they are the primary sources for details or information about any marriage in Virginia. Virginia marriage records are a vital part of family history and exist for several reasons. As a key part of family history, marriage records are useful for genealogy purposes because they contain vital information such as the wedding location, date, the names of the bride and groom, and information about a couple's parents. A person's marriage record can also help facilitate several official requests, including driver's license application, Visa application, insurance coverage, divorce petition, and some medical benefits.

A typical marriage record in Virginia includes the names of both spouses at the time of marriage, their occupation, date of marriage, residential address, and the names of the couple's parents. It also contains information about the location of the marriage ceremony, the place of birth of both spouses, and the name of the marriage officiant. While Virginia marriage records are typically stored and managed by the Office of Vital Records, a division of the state's Department of Health, the Circuit Court Clerk Offices in the county where the event took place also keep copies of marriage licenses. The Office of Vital Records has Virginia marriage records from 1853 to the present on file.

Although Virginia marriage records are public records under the Commonwealth's Freedom of Information Act (FOIA), they are only available to the general public 25 years after the marriage ceremony date. Only immediate family members of a couple, including their parents, grandparents, current spouses, siblings, and children with valid IDs, may obtain the couple's marriage records within this period. Per Section 32.1-271(H) of the Code of Virginia, any Social Security Numbers (SSNs) appearing on original marriage records in the state are exempted from public disclosure and must be redacted from the digital marriage records available to the public.

Marriages in Virginia

According to reports by the United States National Center for Health Statistics, the rate of marriage in the Commonwealth of Virginia in 2022 was 6.0 per 1,000 residents. This is lower than the nation's average, which stood at 6.2 per 1,000 total population in the same year. The marriage rate in Virginia has fluctuated over the last two decades but declined most of the time. It had the most significant fall over the last few years, particularly in 2020, with 5.5 per 1,000 residents. As reported by the NCHS, the highest marriage rate the state has had in the last two decades was 8.8 per 1,000 people in 2000 and 2001.

Most men in Virginia get married at an average age of 28.6, while the women enter a marriage at a median age of 26.7. A recent study has revealed that Petersburg County has the lowest share of married couples (21%) in the Commonwealth. Powhatan and Loudoun counties have the highest, with about 65% of the households being married couples. The communities with the highest share of married households in Virginia tend to be suburban localities. According to a report, the Commonwealth has more married males than females aged 15 years and over. The percentage of the married male population aged 15 years and older in the Commonwealth is 52%, while it is 48% for the female demographic. The percentage of married couples by each ethno-racial group in Virginia is listed below:

  • White (non-Hispanic) - 54.3%
  • Asian (including Hispanic) - 62.2%
  • Mixed race (including Hispanic) - 36.6%
  • Black (including Hispanic) - 33.6%
  • White Hispanic - 48.2%
  • Other races (including Hispanic) - 45.9%

Virginia's divorce rate in 2022 was 2.9 per 1,000 total population, one of the lowest in over two decades. It is, however, higher than the national average of 2.4 per 1,000 people.

How To Get Married in Virginia

The Commonwealth of Virginia has no residency requirements for marriage. In other words, a person does not have to be a resident of the state to obtain a Virginia marriage license. Only unmarried individuals may be granted marriage licenses in the Commonwealth. The state does not require people who were previously married to provide death certificates (for widows/widowers) or divorce decrees (for divorcees) to obtain marriage licenses. However, such persons are required by law to swear that they are no longer married in the presence of government representatives reviewing their requests. There is no statutory waiting period for divorced individuals before remarrying.

A marriage must meet two requirements to be considered valid in Virginia. First, the marriage license must be obtained in the state, and second, the marriage ceremony must occur within the Commonwealth. This does not imply that Virginia does not recognize marriages made in other states. A Virginia marriage license is only valid for use in the state. However, having a marriage ceremony in the same county where the marriage license was issued is not important. To obtain a Virginia marriage license, both parties must appear at the Clerk of the Circuit Court's office in person and must bring valid government-issued IDs. Acceptable IDs include a United States passport, military ID, driver's license, and notarized copy of a birth certificate.

Under Virginia law, both parties must have the legal capacity to enter into a marriage agreement. A blood test is not a requirement for obtaining a marriage license in the Commonwealth, but state law prohibits family members from getting married. Information required to obtain a Virginia marriage license includes the parties' full names, date of birth (and age), addresses, number of the current marriage (count, as in 1st, 2nd), and highest education grade completed. Others are places of birth, marital status (if previously married), and the names of the parents of both spouses. The cost of obtaining a Virginia marriage license may vary by county, but it will largely be around $30.

The Clerks of Virginia Circuit Courts issue marriage licenses on the spot, and the licenses may be used immediately; there is no waiting period between license application and issuance. While there is no waiting period, a couple must use a license (get married) after 60 days of obtaining it. The marriage ceremony must be performed by a state-registered officiant. The Commonwealth permits a legal resident to petition their county of residence to be a one-time civil marriage celebrant. While no witnesses are required, it is prohibited to self-officiate a marriage ceremony in Virginia. After a marriage ceremony, the officiant must return the signed license to the Circuit Court Clerk's Office within 7 days. The Clerk of Court will mail the certified marriage record (certificate) to the couple after a few days.

Virginia Marriage Certificate

Virginia marriage certificates are a key part of the state's marriage record. They are official documents that legalize the marital union between two persons and serve as common proof of marriage. In Virginia, marriage certificates are maintained both by the Circuit Courts where the marriage licenses are issued and by the state's Office of Vital Records. However, only certain eligible individuals (close relatives of parties named on the certificate)may retrieve a Virginia marriage certificate less than 25 years after the marriage ceremony, as stipulated by state law. They may only be accessed by the rest of the public after 25 years.

Eligible persons may obtain a Virginia marriage certificate from the Circuit Court Clerk's Office that issued the marriage license by mail or in person. Contact a clerk's office to know if they offer online means of retrieving a marriage certificate. Generally, the Virginia Office of Vital Records offers online services for anyone eligible to receive a marriage certificate. Requesters may also drop off completed applications for marriage certificates in person at the front desk of the local Vital Records Offices or mail them to the main office in Richmond

How To Find and Access Virginia Marriage Records

Records of marriages registered in Virginia between 1853 and 1935 are on microfilm as marriage registers and are available to borrow from the Library of Virginia through interlibrary loan. Most post-1935 Virginia marriage records may be found and accessed online or offline, as discussed below.

Finding and Accessing Virginia Marriage Records Offline

Virginia marriage records may be obtained in person or by mail at the Clerk of Circuit Courts Offices in the county where the marriage licenses were issued. Most counties charge certain fees for obtaining certified copies, and the procedure for making such requests may vary depending on the county. Individuals interested in obtaining Virginia marriage records from the Circuit Courts should contact the Clerks of the Circuit Courts, who will advise them on how to present their requests. Generally, such requests should include information such as the names of both spouses and the year of marriage to help facilitate the search. It is often advised to include a self-addressed stamped envelope in a mailed request to the Circuit Court.

Requesters may also drop off their requests in person at the front desk of the nearest local Office of Vital Records (OVR). However, most local officers require walk-in requesters to make an appointment. Their requests must be accompanied by the requesters' legible copies of IDs, signatures, and a $12 fee for each requested copy. Payment for in-person requests may be made by money orders, checks, mobile pay, payment card, or cash. Money orders and cash should be made payable to the State Health Department. Requesters may either pick up the marriage records or have the OVR mail the records to their given addresses once ready.

To obtain a Virginia marriage record from the Office of Vital Records by mail, an interested and eligible person should complete the marriage information section of the Application for Certification of a Marriage and/or Divorce Record Form (VS6MD). The completed form and the required documents and ID should be mailed to the OVR at:

Office of Vital Records

P.O. Box 1000

Richmond, VA 23218-1000

The processing time for mail requests may take up to four weeks from the time the OVR receives such requests.

Finding and Accessing Virginia Marriage Records Online

The Office of Vital Records manages an Online Application Portal for Certification of a Vital Record that enables interested people to request Virginia marriage records. Requesters must complete the online form with all the required information and upload an acceptable ID. After submitting a request, the OVR will assign an application tracking ID, and the requester will be able to track the status of the request via email and SMS updates. It takes up to two weeks to process an online request for a Virginia marriage record submitted through the OVR. Each record (marriage certificate) requested online costs $12.

Alternatively, some Clerks of Circuit Court Offices maintain online resources through which eligible persons may request copies of Virginia marriage records. Requesters may contact the Clerk's Office of the Circuit Courts that issued the marriage licenses of their interests and inquire if they offer such services. Furthermore, the Library of Virginia maintains a Marriage Records Card Index Search through which members of the public may find various card index files for the Commonwealth's marriages. The dates covered and the level of information obtained from this search will vary by each county.

 

References

  1. https://www.vdh.virginia.gov/vital-records/
  2. https://www.vdh.virginia.gov/vital-records/frequently-asked-questions/
  3. https://www.cdc.gov/nchs/fastats/marriage-divorce.htm
  4. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/national-marriage-divorce-rates-00-22.pdf
  5. https://law.lis.virginia.gov/vacodepopularnames/virginia-freedom-of-information-act/
  6. https://law.lis.virginia.gov/vacode/title32.1/chapter7/section32.1-271/
  7. https://lva-virginia.libguides.com/c.php?g=1269649&p=9311702
  8. https://law.lis.virginia.gov/vacode/title20/chapter3/section20-48/
  9. https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0737
  10. https://statisticalatlas.com/state/Virginia/Marital-Status
  11. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-marriage-rates-90-95-00-22.pdf
  12. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-22.pdf

Counties in Virginia