Notary Wedding Officiants In Virginia: What's The Law?

In the US, a notary public is a licensed professional who verifies signatures and identities of signatories on documents. While a notary public can also perform wedding ceremonies in some states, this is not the case in all states. In Virginia, the Code of Virginia Sections 20-23 and 20-25 address ministers and persons other than ministers who may perform marriage ceremonies. So, can a notary perform a wedding in Virginia?

Virginia notary public eligibility requirements

In the state of Virginia, the Office of the Secretary of the Commonwealth is responsible for the commissioning of Notaries Public. There are several eligibility requirements that must be met to become a Virginia Notary Public.

Firstly, applicants must be at least eighteen years old. They must also be legal residents of the United States and be able to read and write in English. In addition, applicants must reside in Virginia or be regularly employed in the state, performing notary services connected to their employment. Non-residents of Virginia who are appointed as notaries must surrender their commission if they cease to be regularly employed in the state.

Furthermore, individuals with a felony conviction are not eligible to become a notary public unless they have been pardoned or have had their civil rights restored.

The process of becoming a Virginia Notary Public begins with ensuring that the eligibility requirements are met. Applicants then need to complete and print the Virginia Notary Application, ensuring that the name on the application matches their state-issued ID. The $45 application fee must be paid, and a receipt should be kept for future reference. Subsequently, the application must be notarized and mailed to the Secretary of the Commonwealth's office, along with the receipt.

Once the application is approved, applicants will be notified within 2-3 weeks. They then have 60 days to go to the Circuit Court to take their oath of office and pay a $10 filing fee. Finally, they can purchase their Virginia notary stamp.

Can a Virginia notary public perform a wedding?

In Virginia, a notary public can perform a wedding ceremony, legally marry a couple, and act as a wedding officiant. However, it is important to note that this may not be the case in all states. Only a few states recognize a marriage certificate from a notary, and there are specific requirements that must be adhered to for the wedding ceremony to be legally accepted.

In Virginia, an individual wishing to perform a wedding ceremony, including a notary public, must receive authorization through the Court before conducting the ceremony. This is outlined in the Virginia State Code §20-25. The specific forms and applications required for this process can be found on the King William County website.

It is worth noting that there are other options for who can perform a wedding ceremony in Virginia. Religious figures such as priests, ministers, and rabbis are often chosen, or public figures such as judges, court clerks, and justices of the peace. However, a notary public is a valid third choice that many people may not be aware of.

If you are considering having a notary public perform your wedding ceremony, it is important to check the specific laws and regulations of the state to ensure the marriage will be valid. Additionally, there may be requirements for the notary public to become licensed as a wedding officiant, which can vary by state. Understanding these requirements beforehand will help ensure that your wedding ceremony is legally recognized.

Overall, while a Virginia notary public can perform a wedding ceremony, it is important to do your research and understand the specific requirements and laws that must be followed to ensure your marriage is legally valid.

How to get a Virginia notary to perform your wedding

If you're looking to tie the knot in Virginia and want a notary public to officiate, there are a few key things you need to know and steps you need to take to make it official.

In Virginia, an individual wishing to perform a wedding ceremony must receive prior authorization through the Court. This includes notary publics, who are licensed professionals that typically deal with verifying signatures and identities on documents.

Steps to Get a Notary to Perform Your Wedding in Virginia:

• Ensure the Marriage is Valid: Marriage is a serious and solemn commitment, and it is essential to understand that it is a legally binding contract. Neither party can be coerced into marrying, and the ceremony cannot be done in jest or as a spontaneous gesture.
• Obtain a Marriage License: Apply for a marriage license at your local county clerk's office. You will need identification, such as a passport, driver's license, or social security card, and pay administrative costs. The license will be valid for a specific period, usually 60 days, during which the wedding must take place.
• Find a Virginia Notary Public: Look for a notary public who is licensed in Virginia and authorized by the Court to perform wedding ceremonies. Ensure they are available on your wedding date.
• Understand the Legal Requirements: Familiarize yourself with the specific laws and regulations in Virginia regarding marriage ceremonies. The Code of Virginia Sections 20-23 and 20-25 outline the requirements for ministers and other individuals, including notary publics, who are authorized to perform weddings.
• Complete Necessary Forms: Work with your chosen notary public to ensure they have completed the necessary forms and applications to receive authorization from the Court to perform your wedding ceremony. This may include the "One-Time Civil Marriage Ceremony Authorization" form.
• Notarize the Marriage License: After the ceremony, the notary public will need to complete the notarization process on the marriage license to make it official. This typically involves returning the signed license to the issuing clerk's office within a specified timeframe.
• Understand Witness Requirements: In most states, including Virginia, witnesses are not usually needed when a notary public performs the wedding ceremony. However, it is important to check the specific requirements in your state, as some states mandate at least two witnesses who are at least 18 years old.
• Pay the Required Fees: Notary publics may charge a fee for their services, which is typically left to their discretion for wedding ceremonies. Discuss the cost and payment details with your chosen notary public in advance.

By following these steps, you can ensure that your wedding ceremony is legally recognized and that all the necessary paperwork is completed correctly. Remember to allow enough time for processing applications and licenses, and always confirm that your chosen notary public is authorized to perform weddings in Virginia.

The process of becoming a wedding officiant in Virginia

If you want to become a wedding officiant in Virginia, there are a few steps you need to follow. Here is a detailed guide on the process:

• Get Ordained: The first step is to become ordained as a minister. You can do this by contacting organisations such as the Universal Life Church (ULC), which offers free online ordination. Once you have your minister's license, you will be legally recognised as an ordained minister and will be eligible to officiate weddings.
• Check County Requirements: The requirements for wedding officiants can vary from county to county within Virginia. Contact your local County Clerk's office and introduce yourself as a minister. Ask them about the specific documents and requirements for your county, as these may differ.
• Obtain a Valid Marriage License: In Virginia, marriage licenses are issued by the County Clerk's office and must be picked up by the couple. As an officiant, it is your responsibility to understand how marriage licenses work in your county. The license is typically valid for 60 days, and there is no waiting period between when it is picked up and when the ceremony can be performed.
• Prepare for the Wedding: Familiarise yourself with the format of a wedding ceremony, including the different parts and how to write a wedding script. You can find resources and training materials online to help you prepare.
• Officiate the Wedding: On the wedding day, your legal role as the officiant is to officiate the ceremony and complete the Virginia marriage license with the couple. You may also need to include the signatures of any required witnesses.
• Record the Wedding: After the wedding, make sure to take care of any follow-up duties, such as submitting the signed marriage license to the issuing office within the required timeframe.

It is important to note that 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, and the approximate cost for registration is $50. The processing time for registration depends on the county, and you may face some challenges as some County Clerks in Virginia have denied ministers ordained online the right to perform marriages. However, you have the right to apply with a different County Clerk if you experience discrimination.

Additionally, keep in mind that notaries public in Virginia cannot marry couples unless they are also licensed as wedding officiants.

The cost of a Virginia notary performing a wedding

Virginia notaries can perform weddings in Florida, Maine, Nevada, South Carolina, Tennessee, and Montana. However, there is no information on the cost of a Virginia notary performing a wedding in these states.

The cost of a Virginia notary performing other notarial services ranges from $5 to $25. The application fee to become a notary or renew a commission in Virginia is $45. There is also a $10 fee to be paid to the clerk when finalising the notary application process.

Frequently asked questions