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When a minister of any religious denomination shall produce before
the circuit court of any county or city in this Commonwealth, or before
the judge of such court or before the clerk of such court at any time,
proof of his ordination and of his being in regular communion with the
religious society of which he is a reputed member, or proof that he
holds a local minister's license and is serving as a regularly appointed
pastor in his denomination, such court, or the judge thereof, or the
clerk of such court at any time, may make an order authorizing such
minister to celebrate the rites of matrimony in this Commonwealth. Any
order made under this section may be rescinded at any time by the court
or by the judge thereof.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, §§ 5079, 5080; 1962, c. 362; 1980, c. 154; 1981, c. 295.)
Every marriage in this Commonwealth shall be under a license and solemnized in the manner herein provided.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5071.)
Every license for a marriage shall be issued by the clerk or
deputy clerk of a circuit court of any county or city. If from any cause
neither the clerk nor his deputy is able to issue the license, it may
be issued by the judge of the circuit court of such county, or city, who
shall make return thereof to the clerk as soon as there may be one.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5072; 1924, p. 398; 1948, p. 107; 1968, c. 318; 1977, c. 102; 1995, c. 355.)
Every marriage license issued under § 20-14 shall constitute
authority for a period of only sixty days from the date of issuance for
the solemnization of a marriage of the licensees. Whenever such
sixty-day period shall have elapsed without the solemnization of a
marriage of the licensees, the license shall expire.
The provisions of this section shall not be construed to prevent
licensees from applying for or receiving an additional license, either
before or after expiration of any license, but no new license shall be
issued except in compliance with all provisions of law applicable to the
issuance of a license in the first instance.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(1958, c. 8; 1968, c. 318.)
Every person who is empowered to issue a marriage license shall,
at the time of issuance thereof, distribute the following to the
applicants for the license: birth control information, information
concerning the role of folic acid in the prevention of genetic
disorders, information concerning birth defects, information concerning
acquired immunodeficiency syndrome and the available tests to determine
the presence or absence of the disease, and a list of family planning
clinics located in the county or city of the issuing office. Such lists
and information shall be furnished by the Virginia State Department of
Health.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(1972, c. 600; 1978, c. 567; 1987, c. 42; 1999, c. 582.)
On each marriage license issued under § 20-14 there is hereby
levied a license tax of $20, which tax shall be collected by the clerk
when the license is issued and accounted for as in the case of other
state taxes collected by him. Ten dollars of this license tax shall be
allocated to the Virginia Department of Social Services for the purpose
of providing services to victims of domestic violence.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5072; 1924, p. 398; 1948, p. 107; 1975, c. 119; 1982, c. 305; 1993, c. 887; 2004, c. 375.)
The clerk issuing any marriage license shall before issuing the
license require the parties contemplating marriage to state, under oath,
or by affidavit or affidavits filed with him, made by the parties for
whom the application is made, before a person qualified to take
acknowledgments or administer oaths, the information required to
complete the marriage record. Such clerk shall make two certificates
thereof and deliver them, together with the license, to the person
entitled thereto. For the purposes of this section any statement made by
such applicant, under oath, concerning the information to be entered on
the record is hereby declared to be a material matter or thing in any
prosecution for perjury for any violation of this section.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1968, c. 318.)
The clerk (i) may, on his own authority, correct marriage records
established in his office by amending the same upon application under
oath and submission of evidence deemed by the clerk to be adequate and
sufficient and (ii) shall correct such records upon order of the court
in which the marriage record was established. Upon correction of a
marriage record the clerk shall forward to the State Registrar a
certified copy of the corrected marriage record.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(1988, c. 54.)
The clerk to whom the license and certificate are returned, shall
file and preserve the original in his office, and make an index of the
names of both of the parties married.
When the certificates of such person celebrating such marriage are
returned to the clerk, and recorded as provided in this section and §
32.1-267, copies of the same properly certified by the clerk lawfully
having the custody thereof or properly certified by the State Registrar
of Vital Statistics shall be prima facie evidence of the facts therein
set forth in all courts of this Commonwealth.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, §§ 5074, 5076; 1928, p. 315; 1938, p. 152; 1968, c. 318.)
It shall be the duty of every clerk issuing marriage licenses no
later than March 31 of each year to furnish to the attorney for the
Commonwealth of his county or city a list of all marriage licenses
issued during the preceding calendar year that have not been returned by
the minister or other person celebrating the marriage.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 2000, cc. 31, 214.)
It shall be the duty of the attorney for the Commonwealth for each
county and city, upon the receipt from the clerk of the list required
by § 20-21, to have such person or persons as he may think proper
summoned before the circuit court of his county or city to ascertain the
name of the minister or other person celebrating such marriage and
failing to return the license and certificates to the clerk as required
by § 32.1-267.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5074; 1928, p. 314; 1938, p. 151; 1979, c. 502.)
If any minister, authorized to celebrate rites of marriage under
§ 20-23, shall fail to comply with § 32.1-267, he shall be subject to
forfeit twenty-five dollars.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5093; 1979, c. 502; 1981, c. 298.)
Any circuit court judge may issue an order authorizing one or more
persons, resident in the circuit in which the judge sits, to celebrate
the rites of marriage in the Commonwealth. Any person so authorized
shall, before acting, enter into bond in the penalty of $500, with or
without surety, as the court may direct. Any order made under this
section may be rescinded at any time.
Any judge or justice of a court of record, any judge of a district court
or any retired judge or justice of the Commonwealth or any active,
senior or retired federal judge or justice who is a resident of the
Commonwealth may celebrate the rites of marriage anywhere in the
Commonwealth without the necessity of bond or order of authorization.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5080; 1938, c. 152; 1981, c. 295; 1981, Sp.
Sess., c. 15; 1983, c. 64; 1985, c. 195; 1987, c. 149; 2003, c. 228;
2004, cc. 612, 680.)
Any person authorized under § 20-25 to celebrate the rites of
marriage shall be permitted to charge the parties a fee for the ceremony
not to exceed $50 for each ceremony. Additionally, such person shall be
permitted to charge the parties travel expenses to and from the
marriage site. If conveyance is by public transportation, reimbursement
shall be at the actual cost thereof. If conveyance is by private
transportation, reimbursement shall be at the rate specified in the
current general appropriations act of the Commonwealth. In either event,
the actual cost of the ceremony together with travel expenses shall be
given to the parties at least three days prior to the marriage ceremony.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5083; 1970, c. 362; 1975, c. 644; 1993, cc. 941, 966; 2006, c. 625.)
If any person knowingly perform the ceremony of marriage without
lawful license, or officiate in celebrating the rites of marriage
without being authorized by law to do so, he shall be confined in jail
not exceeding one year, and fined not exceeding $500.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 4542.)
The clerks of the circuit courts of any counties or their deputies
and the clerks of the circuit courts of any cities or their deputies
are authorized to issue marriage licenses in conformity with the law now
governing the same, to any persons desiring to be married on any of the
government reservations of this Commonwealth, lying within their
respective counties and which reservations were before the acquisition
thereof part of the political territory of this Commonwealth, and any
marriage ceremony performed on such reservations shall be as legal to
all intents and purposes as if performed in any county or city of the
Commonwealth, if the person performing the ceremony was qualified to so
act.
All marriages heretofore solemnized within the limits of any such
reservations are hereby ratified and legalized to all intents and
purposes as if performed in any county or city of the Commonwealth.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(1930, p. 701; Michie Code 1942, § 5077a.)
No marriage solemnized under a license issued in this Commonwealth
by any person professing to be authorized to solemnize the same shall
be deemed or adjudged to be void, nor shall the validity thereof be in
any way affected on account of any want of authority in such person, or
any defect, omission or imperfection in such license, if the marriage be
in all other respects lawful, and be consummated with a full belief on
the part of the persons so married, or either of them, that they have
been lawfully joined in marriage.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5082.)
If a person, having had a child, shall afterwards intermarry with
the mother or father, such child if recognized by both of them, as their
own child, jointly or separately, before or after marriage, shall be
deemed legitimate.
The issue of marriages prohibited by law, deemed null or void or dissolved by a court shall nevertheless be legitimate.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(1978, c. 647.)
If any clerk of a court knowingly issue a marriage license
contrary to law, he shall be confined in jail not exceeding one year,
and fined not exceeding $500.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 4541.)
All marriages of females residing within jurisdiction of a
corporation court, which were solemnized prior to February 1, 1904, by
virtue of a license issued by the clerk of the court of the county
wherein a city was or is situated, shall be as valid as if such license
had been issued by the clerk of such corporation court.
Code of Virginia - Title 20: Domestic Relations - Chapter 2: Marriage Generally
(Code 1919, § 5073.)