Best Marriage Lawyers in Virginia

About Marriage Law in Virginia, United States

Marriage in Virginia is regulated by both state statutes and case law. Entering into marriage establishes a legal partnership recognized by the Commonwealth of Virginia with associated rights and responsibilities. Requirements include a valid marriage license, compliance with minimum age requirements, and observance of certain legal prohibitions such as relation level and prior marital status. Virginia recognizes both religious and civil ceremonies, and all marriages must be solemnized by authorized officiants. Understanding these legal standards is crucial for couples planning to marry, especially those with complex circumstances or prior marriages.

Why You May Need a Lawyer

While many marriages proceed without legal complications, there are situations where consulting a lawyer is strongly advisable. Typical reasons to seek legal help include issues surrounding premarital agreements, questions about eligibility to marry, parental consent for minors, prior divorces or annulments, international marriages, and concerns involving property or inheritance rights. Additionally, if either party has complex financial holdings or children from prior relationships, legal guidance can help safeguard individual interests and clarify legal obligations. In any situation where the parties want to fully understand their legal rights-or face unusual circumstances-a lawyer familiar with Virginia marriage laws can be an invaluable resource.

Local Laws Overview

Virginia marriage laws specify who can marry, how marriages are legalized, and procedures for certain related issues. Here are some key aspects:

• Marriage License: A valid marriage license is required; applications are submitted to the local circuit court clerk’s office and require valid identification.
• Waiting Period: There is no waiting period in Virginia; couples can marry immediately after receiving the license.
• Minimum Age: The minimum age to marry is 18. Minors aged 16-17 may marry with parental consent and proof of emancipation in limited circumstances.
• Prohibited Marriages: Marriages between close relatives or individuals already married to others are not permitted.
• Officiants: A licensed officiant, including ministers and certain public officials, must perform the ceremony.
• Common Law Marriage: Virginia does not recognize common law marriage independent of a formal ceremony but may recognize such marriages if validly established in another state.
• Same-Sex Marriage: Same-sex marriages are fully legal in Virginia.
• Annulment and Divorce: Specific statutory grounds exist for annulment and dissolution of marriage.

Understanding these requirements ensures compliance with the law and prevents legal complications.

Frequently Asked Questions

What is required to obtain a marriage license in Virginia?

Both parties must appear in person at a circuit court clerk’s office, provide valid identification, and complete the marriage license application. There is a fee for the license.

How soon can we get married after obtaining the marriage license?

There is no waiting period. You may marry immediately after obtaining your license, which is valid for 60 days.

Can same-sex couples marry in Virginia?

Yes, same-sex marriage has been legal in Virginia since 2014 and is treated the same as all other marriages.

Is a blood test required to get married in Virginia?

No, blood tests are not required for marriage in Virginia.

Can a non-resident get married in Virginia?

Yes, there are no residency requirements for marriage in Virginia.

Who can officiate a wedding in Virginia?

Marriage can be solemnized by ministers recognized by their religious organizations, judges, and certain civil officials authorized by the state.

What if one party was previously married?

You must disclose prior marriages, and the previous marriage must be legally dissolved before a new marriage can take place. Proof of divorce may be required.

Does Virginia recognize common law marriage?

Virginia does not allow new common law marriages to be formed within the state but may recognize such marriages if they were legally created elsewhere.

What is the minimum legal age for marriage in Virginia?

The minimum age is 18. Minors aged 16 or 17 may marry with parental consent and proof of emancipation.

Can we use a premarital agreement?

Yes, prenuptial agreements are recognized in Virginia and can address property, inheritance, and support rights, but must be in writing and executed voluntarily.

Additional Resources

People seeking legal advice or more information about marriage in Virginia can contact the following resources:

• Virginia Department of Health - Vital Records (for official marriage records)
• Virginia’s local circuit court clerk offices (for licensing and forms)
• Virginia State Bar Lawyer Referral Service (to find qualified family law attorneys)
• Legal Aid organizations (for those meeting eligibility requirements)
• Court Self-Help Centers (for general information and forms)

Next Steps

If you believe you need legal assistance regarding marriage in Virginia, start by considering your specific concerns and gathering any documentation related to your situation. Contact a qualified Virginia family law attorney who can answer your questions and guide you through the process. Visit your local circuit court clerk’s office to obtain necessary forms or schedule appointments. If cost is an issue, seek help from legal aid services or inquire about self-help resources. Taking prompt action and getting accurate advice will help ensure your marriage complies with state law and that your rights are fully protected.