Out-Of-State Officiants: Can They Marry In Virginia?

Virginia has various delights for soon-to-be-wedded couples, including world-class venues, stunning landscapes, and miles of beautiful beaches. If you're planning to tie the knot in Virginia, there are a few legal requirements that must be met. One of the most important aspects is the officiant who solemnizes the wedding ceremony. So, can pastors from another state officiate weddings in Virginia? The answer is a bit complex. While Virginia law requires all marriage officiants to register with the government, it does not explicitly prevent out-of-state ministers or those ordained online from performing weddings. However, some counties and courts in Virginia have their own specific rules and requirements that must be followed.

Virginia wedding laws

Who Can Get Married in Virginia?

To get married in Virginia, both parties must be at least 18 years old. However, minors emancipated by court order may get married from the age of 16, providing they supply a certified copy of the court order when applying for a marriage license. Virginia does not allow marriages between close relatives, even if they are related by adoption. First cousins and more distant relations are exempt from this rule. Same-sex marriage has been legally recognised in Virginia since 2014.

How to Get a Virginia Marriage License

Both parties must appear at the same time and present valid government-issued photo IDs, along with other information such as their parents' names. A marriage license costs $30 and is valid for 60 days from the date of issue. There is no waiting period after obtaining the license, but the ceremony must take place within 60 days of the issue date.

Who Can Officiate a Wedding in Virginia?

Virginia law requires all marriage officiants to register with the government before officiating weddings. This can be done at any circuit court in Virginia. Officiants may need to present credentials, including proof of ordination. There is no legal requirement for officiants to be from Virginia, but some circuit court clerks have refused to register ministers ordained online. In this case, it is recommended to apply with a different county clerk, as authorisation from any county grants the authority to perform marriage throughout Virginia.

Finalising the Marriage

After the wedding ceremony, the officiant has one final responsibility: completing the marriage certificate. It must include the date of the ceremony and the officiant's information, and be returned to the issuing circuit court within five days of the ceremony.

Registration requirements for out-of-state pastors

Virginia law requires all marriage officiants to register with the government before officiating weddings. Outlined below are the registration requirements for out-of-state pastors looking to officiate weddings in Virginia.

Registration Office

The registration office for out-of-state pastors is the Superior Court or the Clerk's office of any Circuit Court.

Registration Cost

The cost of registration is approximately $50.

Registration Difficulty

Registration difficulty is considered difficult. Since 24 May 2010, many county clerks in Virginia have denied ministers ordained online the right to perform marriages. This is due to a letter written by an Opinions Counsel of the Attorney General's Office, 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 does not carry legal weight.

Processing Time

Processing time depends on the county.

Registration Requirements

As registration is done at the county level, the specific application fee and registration requirements vary. It is recommended to contact the Clerk's office to understand the specific requirements and their receptiveness to your registration.

Out-of-state pastors will need to submit the following:

• A completed Out-of-State Minister Petition form
• A copy of their certificate of ordination
• Proof of their position as a minister within the church or religious organisation on official church letterhead

Alternative to Registration

If registration is too difficult, out-of-state pastors can still conduct the wedding ceremony. However, they 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.

Final Thoughts

While Virginia law requires all marriage officiants to register with the government, the process can be challenging for out-of-state pastors due to varying county-level requirements and interpretations of the law. It is recommended to contact multiple Clerk's offices to understand their specific requirements and find a county that is receptive to your registration.

The cost of registering as an officiant

Virginia law requires all marriage officiants to register with the government before officiating weddings. The registration office is the Superior Court. The approximate cost of registering as a wedding officiant in Virginia is $50. However, as registration is done at the county level, the application fee and registration requirements vary.

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 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 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.

Alternatively, 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.

The validity of online ordination credentials

Legal Standing of Online Ordination

The legal standing of online ordination was established in a 1974 court ruling, which stated that the manner of ordination does not nullify its validity. This ruling affirmed that governments are not in a position to judge the merits of a religion or the validity of its practices.

Recognition by States

While online ordination is legally recognised, there may be variations in how different states and counties accept it. For example, in Virginia, while there are no explicit laws preventing online-ordained ministers from solemnising weddings, some circuit court clerks have refused to register them. This is due to an Opinions Counsel letter issued by the Attorney General's office in 2010, which stated that court clerks are not required to permit ministers ordained online to officiate weddings. However, this is not settled case law and carries no legal weight, as per Virginia Code § 2.2-505.

Alternative Solutions

Despite the challenges in some states and counties, online ordination is generally accepted as valid. In cases where discrimination or refusal occurs, alternative solutions are available. For instance, in Virginia, any circuit court can issue a one-time civil ceremony authorisation to perform a wedding, although this requires a $500 cash bond. Additionally, some circuit courts in Virginia do allow ministers ordained online to officiate weddings without issue.

Credential Requirements

To officiate a wedding, ministers may need to present credentials, including proof of ordination. The specific requirements can vary from state to state and even county to county. It is essential for ministers to familiarise themselves with the laws and requirements of the state and county in which they intend to perform weddings.

In conclusion, while there may be some resistance or legal complexities surrounding online ordination credentials, it is generally recognised as a valid form of ordination. The legal standing of online ordination has been affirmed by court rulings, and ministers with these credentials possess the same rights and privileges as those from traditional faith organisations. However, it is important for ministers to be aware of potential challenges and to ensure they meet the specific requirements of the state and county in which they intend to perform their ministerial duties.

The role of the officiant during the ceremony

The role of the officiant during a wedding ceremony is to conduct the proceedings, much like a conductor of an orchestra. They guide the ceremony by indicating what is to be said, who stands where, and who does what. The officiant is also responsible for ensuring that the couple is entering into the marital contract of their own free will and sound mind.

In the past, the officiant role was often held by someone of high esteem within a community, such as a church leader, judge, or constable. They would ensure that the marriage was recognised by conducting the ceremony in a public setting with witnesses.

From a legal standpoint, the officiant is responsible for administering the marriage license, which is a performative enactment of the marital contract, with the signing being the "I do" part. The officiant must also ensure that the completed marriage license is returned to its issuance office.

In addition to their bureaucratic and legal duties, the officiant plays an important role in creating a smooth and stress-free experience for the couple. This includes being a friendly reminder that the wedding is all about the couple and helping them flesh out their desires and expectations for the ceremony. The officiant also explains and defines the flow of the ceremony, adding requests if necessary, and giving the couple a sense of time and space for the event.

Finally, the officiant becomes the spotlight during the moment of truth, when they gather the guests and ask them to become a part of the ratification of the couple's marriage.

Officiants in Virginia

In Virginia, marriage officiants are required to register with the government before officiating weddings. Registration is done at the county level, and the specific requirements and fees may vary. While there is no explicit law preventing online-ordained ministers from solemnising weddings in Virginia, some circuit court clerks have refused to register them.

To avoid discrimination, officiants can register in a different county within Virginia and perform marriages throughout the state. Alternatively, any circuit court can issue a one-time civil ceremony authorisation for county residents who meet certain requirements.

Frequently asked questions