Friend Wedding Officiant: Virginia's Legal Requirements

If you're getting married in Virginia, you might be wondering if your friend can officiate the wedding. The good news is that it's possible for your friend to officiate your wedding, even if they're not affiliated with any religion. Here's what you need to know.

Temporary powers as a secular officiant

A friend can officiate a wedding in Virginia, but there are a few steps that need to be taken care of first. Here is some information on the temporary powers granted to a secular officiant in Virginia:

Registration and Authorization:

Firstly, Virginia Law requires all marriage officiants to register with the government before officiating weddings. This can be done by registering with a County Clerk's office, which is the same office that issues the marriage license to the couple. The registration fee is approximately $50, and the processing time depends on the county. It's important to note that the authorization from any county grants the power to perform the marriage ceremony throughout Virginia. Some County Clerks may deny ministers ordained online, but this is not a settled case law, and there are other County Clerks who will happily process these applications.

One-Time Civil Celebrant:

An alternative to officiant registration is to apply for a one-time civil celebrant authorization. This can be done through the Courthouse nearest to the place of residence. This grants the power to marry for a single event. There is no fee for this, but some courts may require a refundable bond to ensure that all the necessary paperwork is filled out and returned.

Requirements:

To be granted temporary powers as a secular officiant in Virginia, an individual must be a resident of the state and at least 18 years of age. They must also not have any felony convictions. Some courts may require a hearing or a cash bond before granting authorization. The cash bond is usually in the amount of $500, which is refundable upon the timely return of the completed marriage license.

Paperwork:

The necessary paperwork includes a marriage license, which can be obtained from any circuit court in Virginia. Both parties must be at least 18 years old and need to present valid government-issued photo IDs. There is no waiting period after obtaining the license, but the marriage ceremony must take place within 60 days of the issue date. The completed marriage certificate must be returned to the issuing circuit court within five days of the ceremony.

Ceremony Requirements:

Virginia couples and their officiating ministers must be physically present during the wedding ceremony. The state does not mandate the presence of witnesses. For the marriage to be legally valid, two things are required: both parties must state their consent, and the officiant must pronounce them married.

In summary, a friend can definitely officiate a wedding in Virginia, but it's important to follow the necessary steps and requirements to ensure that the marriage is legally valid.

Registration with the government

If you want to officiate a wedding in Virginia, you must register with the government. Virginia Law requires all marriage officiants to register with the government before officiating weddings. This can be done by registering with a County Clerk, who will issue the marriage license to the couple. Importantly, you do not need to register with the County Clerk in the county where the wedding will take place. Successful registration with any County Clerk gives you permission to officiate weddings anywhere in the State. This means that you have 95 opportunities for successful registration, as Virginia has 95 counties.

The cost of registering with a County Clerk is approximately $50, but the application fee and registration requirements vary depending on the county. The processing time also depends on the county. Some County Clerks will be more receptive to your registration than others. This is because, since 24 May 2010, many County Clerks in Virginia have systematically denied ministers ordained online the right to perform marriage. Many clerks cite a letter written by an Opinions Counsel of the Attorney General's Office as justification for refusing applications from ministers ordained online. However, this is not settled case law and, as defined by Virginia Code § 2.2-505, it carries no legal weight. County Clerks do not have the authority to judge the validity of your credentials or implement their interpretation of the law. According to the religious non-establishment clause of the first amendment, all ministers have the right to perform marriage in Virginia, regardless of how they were ordained.

If you are experiencing discrimination while attempting to register with one County Clerk's office, you can apply to a different County Clerk. If you are still finding it difficult to be approved by a Clerk's office, you can conduct the wedding ceremony, but you will not be able to sign the marriage license. The Virginia government has no authority over the ceremony, only the marriage license. The marriage license can be completed at the courthouse, separate from the wedding celebration.

County-level registration

Firstly, it's important to note that Virginia Law requires all marriage officiants to register with a County Clerk's office before officiating a wedding. This registration grants you the authority to perform marriages anywhere in Virginia. The registration office is typically the Superior Court, and the approximate cost is around $50. However, the processing time and specific requirements may vary depending on the county. It is recommended to contact multiple clerks' offices to understand their registration procedures and receptiveness to your request.

County-Specific Requirements:

Different counties in Virginia may have slightly different requirements for officiant registration. For example, Rockingham County and Fairfax County have their own civil celebrant information and requirements. It is crucial to check with the specific county where the wedding will be performed to ensure compliance with their regulations. Some counties may require a hearing or a cash bond, while others may have more flexible options.

Online Ordination and County Recognition:

It's important to note that some counties in Virginia have systematically denied ministers ordained online, citing a letter from the Opinions Counsel of the Attorney General's Office. However, this is not settled case law, and as defined by Virginia Code § 2.2-505, it carries no legal weight. Some counties do not discriminate and will process applications from online-ordained ministers. If you encounter resistance in one county, you can try applying with a different County Clerk's office, as there are 95 counties in Virginia to choose from.

Out-of-State Ministers:

Virginia also allows out-of-state ministers to perform marriage ceremonies. According to Virginia State Code §20-23, the Circuit Court can authorize ministers of any religious denomination to celebrate marriage rites in the state, subject to certain conditions. Be sure to review the specific requirements and application process for out-of-state ministers.

One-Time Civil Marriage Ceremony Authorization:

If you are not interested in becoming a permanent wedding officiant, you can apply for a one-time civil marriage ceremony authorization. This option is available to Virginia residents who are at least 18 years old and have no felony convictions. You will need to pay a $500 cash bond if your application is approved. This option allows you to legally officiate a single wedding ceremony in Virginia.

In conclusion, county-level registration is a crucial aspect of officiating a wedding in Virginia. By understanding the registration process, county-specific requirements, and options for online-ordained ministers and out-of-state ministers, you can ensure that your friend's wedding ceremony is legally recognized. Remember to allow for processing time and be receptive to any specific requirements or guidelines provided by the County Clerk's office.

One-time civil celebrant

If you want a friend to officiate your wedding in Virginia, they can apply to be a one-time civil celebrant. This process varies depending on the county, but generally, your friend will need to petition the circuit court for the city or county where they live. Some courts require a hearing, while others require a cash bond. The petition form is available on the state courts website, although some clerks may prefer you to use their own version.

The filing fee is usually around $50 to $60, and there is also a $500 cash bond to secure your friend's performance as a celebrant. This bond is refunded once they have completed their duties and returned the marriage license to the clerk's office within five days. Your friend will also need to pay court costs of around $70, although it's recommended to bring $100 to be safe.

Your friend must be a Virginia resident and the wedding must be performed in Virginia. They will also need to ensure the marriage license is no more than 60 days old.

The process for becoming a one-time civil celebrant in Virginia is relatively straightforward, but it's important to be aware of the specific requirements and restrictions that may vary by county.

Circuit court authorisation

In Virginia, a friend can be authorised by the circuit court to officiate a wedding. This is done by filing a petition with the clerk of the circuit court and paying the applicable fees. The friend must be a resident of the circuit in which the judge sits. The judge may then issue an order authorising the friend to officiate the wedding.

Before officiating, the friend must enter into a $500 bond, with or without surety, as directed by the court. However, if the friend can show that they would qualify for in forma pauperis status, the court may waive the bond. The order issued by the judge can be rescinded at any time, and no oath is required of the person authorised to officiate the wedding.

The process for obtaining authorisation may vary depending on the county. Some courts may require the friend to appear at a hearing, while others may require the posting of a cash bond. It is important to check with the specific county to understand their requirements.

In Loudoun County, for example, a One-Time Ceremony Civil Celebrant Petition needs to be submitted, along with two letters of reference from county citizens. Once approved, the $500 bond must be posted before performing the marriage ceremony. The bond can be refunded if the marriage license is returned along with the Request for Return of Bond form to the Public Services Division of the Clerk's Office.

It is important to note that non-Virginia residents who are not clergy cannot legally perform a wedding in Virginia.

Frequently asked questions