Minister-Performed Weddings In Virginia: What's The Legal Status?

If you're planning a wedding in Virginia, you'll need to know the state's requirements for officiants. While Virginia offers plenty of delights for soon-to-be-wed couples, from stunning landscapes to world-class venues, there are some legal specifics to keep in mind. Virginia law requires all marriage officiants to be registered with the government before performing weddings. This includes ministers, who must be authorized by a circuit court to celebrate the rites of matrimony. While online ordinations are available, Virginia does not accept them as valid qualifications for wedding officiants. Some county clerks have refused to recognize ministers ordained online, citing an Opinions Counsel letter from the Attorney General's office. However, this is not settled case law, and there are counties in Virginia that do recognize online ordinations.

Online ordination may not be recognised

Virginia does not explicitly prohibit ministers with online ordinations from solemnizing weddings. However, online ordination may not be recognised by some county clerks in Virginia, who are not required to permit ministers ordained online to officiate weddings. This is due to a letter issued by the Attorney General's office in 2010, which stated that county clerks are not mandated to accept applications from ministers with online ordinations.

Since this letter was issued, many county clerks in Virginia have systematically denied ministers with online ordinations the right to perform marriages. While some clerks may agree with the opinions expressed in the letter, it is not settled case law and does not carry legal weight. County clerks are not authorised to judge the validity of credentials or implement their own interpretation of the law.

Despite this, some circuit courts do allow ministers with online ordinations to officiate weddings. If a minister encounters difficulties, there are alternative solutions. Any circuit court can issue a one-time civil ceremony authorisation. To apply, one must be a county resident, be at least 18 years old, and have no felony convictions. A $500 cash bond must also be paid if the application is approved.

Another alternative is to have the couple's marriage license signed by the county judge, who can take care of the legal components of the wedding. The minister can then officiate the ceremony without the responsibility of signing the marriage license.

Registration with a County Clerk is required

Virginia Law requires all marriage officiants to register with the government before officiating weddings. This registration must be done with a County Clerk, specifically. This is the same office that issues marriage licenses to couples. However, you do not need to register with the same office that issues the marriage license. Successful registration with any County Clerk grants you the authority to perform weddings anywhere in Virginia.

Since 24 May 2010, many County Clerks in Virginia have denied ministers ordained online the right to perform marriages. Many clerks cite a letter written by an Opinions Counsel of the Attorney General's Office as justification for refusing to review applications from ministers ordained online. While some County Clerks may agree with the opinions expressed within the Opinions Counsel letter, it 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.

If you are experiencing discrimination while attempting to register with one office, it is recommended that you apply with a different County Clerk's office. There are 95 counties in Virginia, so there are many options available. It is important to note that as long as you are registered in a different county of Virginia, you do not need to register with the local County Clerk's office or the office that issues the marriage license to the couple.

The application fee and registration requirements vary depending on the county. It is recommended that you contact a few clerks' offices to get specifics on their registration procedure and a sense of how receptive they would be to your registration.

Alternative to Officiant Registration in Virginia

You can still conduct the wedding ceremony even if you find it too difficult to be approved by a Clerk's office. The only thing you will not legally be able to do is 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, separating that from the wedding celebration, which you can still conduct.

A one-time civil ceremony authorisation is possible

If you're looking to officiate a wedding in Virginia, it's important to understand the requirements and process. While Virginia offers a range of delightful venues for couples, from stunning landscapes to beautiful beaches, there are specific details you need to know to make the marriage official and valid.

Registration Requirements

Before performing a wedding in Virginia, all marriage officiants must register with the government. This involves registering with a County Clerk's office, which is typically the same office that issues marriage licenses to couples. It's important to note that some County Clerks in Virginia have denied ministers ordained online the right to perform marriages. This is due to an Opinions Counsel letter issued by the Attorney General's office in 2010, which states that circuit court clerks are not required to permit ministers ordained online to officiate weddings. However, this is not settled case law, and Virginia law states that County Clerks do not have the authority to judge the validity of credentials or implement their interpretation of the law.

One-Time Civil Ceremony Authorisation

Now, here's the good news: a one-time civil ceremony authorisation is possible in Virginia. This means that if you're a resident of the county where the wedding will take place, you can apply for authorisation to officiate a single wedding. Here are the steps to obtain this authorisation:

• Submit a petition: You'll need to submit a One-Time Ceremony Civil Celebrant Petition, which can usually be filled out online and then printed or typed for clarity.
• Provide references: Along with your petition, include two letters of reference from citizens of the county where the wedding will take place.
• Pay the bond: Once your petition is approved, you'll need to post a $500 bond before performing the marriage ceremony. This payment can be made by check or money order, payable to the "Clerk of Circuit Court".
• Refund the bond: To get your bond refunded, return the marriage license along with a Request for Return of Bond form to the Public Services Division of the Clerk's Office. If the license was obtained outside of the county, provide a certified copy.

It's important to note that this one-time authorisation is specific to the county in which you apply and reside. If you're not a resident of the county where the wedding will take place, you'll need to apply in the county of your residence. Additionally, this authorisation only allows you to officiate a single wedding and does not grant you ongoing authority.

There are no restrictions on a minister's gender, beliefs or place of origin

Virginia is a great place to get married, with world-class venues, stunning landscapes, and beautiful beaches. If you're thinking of tying the knot in the Old Dominion, there are a few things you should know.

Virginia has no restrictions on a minister's gender, beliefs, or place of origin. This means that anyone can become an ordained minister and perform weddings in the state. However, it's important to note that ministers must be at least 18 years old and may need to present credentials, including proof of ordination. While online ordinations are not explicitly prohibited, some county clerks have refused to recognize them. This is due to an Opinions Counsel letter issued by the Attorney General's office in 2010, which states that circuit court clerks are not required to permit ministers ordained online to officiate weddings.

To avoid any issues, it's recommended to contact the local county clerk's office and inquire about their specific registration procedures and requirements. Some counties may be more receptive to online ordinations than others. It's also important to allow enough time for processing, as it can vary depending on the county.

In addition to registering with the county clerk, ministers may need to provide physical copies of their ordination credentials and other documents, such as a letter of good standing or a complete minister package. These documents can provide peace of mind for couples and ensure that the wedding is legally recognized.

So, if you're planning to get married in Virginia or become a minister to perform weddings in the state, be sure to do your research and allow enough time to complete all the necessary steps.

The minister must be physically present during the ceremony

The physical presence of the minister during the wedding ceremony is a legal requirement in Virginia. This means that the minister must be in the same location as the couple getting married and cannot perform the ceremony remotely or by proxy.

Registration and Licensing Requirements for Ministers in Virginia

To be able to legally perform a wedding ceremony in Virginia, ministers must be registered and licensed by the state. This involves several steps, including:

• Becoming ordained: This can be done through various organizations, such as Open Ministry, which offer free online ordinations.
• Contacting the local county clerk: The next step is to reach out to the county clerk's office, which is typically the local marriage authority, and inquire about the specific requirements and documents they need to register as a wedding officiant.
• Obtaining ordination credentials: Ministers may need to present physical copies of their ordination credentials, such as a Letter of Good Standing, to the county clerk.
• Registering with the government: In Virginia, all marriage officiants are required to register with the government before officiating weddings. This is done through the county clerk's office, which may charge a fee for processing the application.
• Completing the marriage certificate: After the wedding ceremony, the minister has the responsibility of completing the marriage certificate, which must include the date of the ceremony, the officiant's information, and the title "minister" along with "Universal Life Church" as the ordaining body. This completed certificate must be returned to the issuing circuit court within a specified timeframe.

Understanding the Wedding Laws in Virginia

It's important to note that Virginia has specific laws and requirements for weddings, including:

• No proxy marriages: Both parties must be physically present during the wedding ceremony.
• Age requirements: Couples must be at least 18 years old to marry, with some exceptions for emancipated minors aged 16 and above with court consent.
• Valid identification: Both parties must provide government-issued photo identification when applying for a marriage license.
• Validity period of the marriage license: The marriage license is typically valid for 60 days from the date of issue, and the wedding ceremony must take place within this timeframe.
• No online ordinations: Virginia does not accept online ordinations for wedding officiants, and some county clerks have denied ministers ordained online the right to perform marriages.

Frequently asked questions