When wedding bells ring…What you should know about getting married in Virginia

With Valentine’s Day just days away, couples who plan to tie the knot need to ensure that all the legalities are squared away. Because when they’re not, it can get pretty tricky.

Michèle McQuigg, clerk of the circuit court that servies Prince William County and the cities of Manassas and Manassas Park, recently shared some pitfalls she’s seen when couples fail to take steps to ensure they have everything needed to obtain a marriage license.

“There’s a lot going on when someone’s getting married. And it can get very confusing when technicalities are overlooked; so we want to let people know what to look out for so it doesn’t cause problems down the road,” McQuigg said.

In January 2008, McQuigg took office in the circuit court, which is a constitutional officer position that is elected every eight years. Previously, McQuigg was a member of the Virginia House of Delegates (1998-2007) and a Prince William County Supervisor, serving 1992 through 1998.

To ensure county residents are informed, the Prince William County government website has a link specifically about how to obtain a marriage license: www.pwcgov.org/marriage.

Some facts listed include helpful tips, such as marriage licenses may be obtained in any Virginia courthouse. And Virginia licenses are only valid for ceremonies performed in Virginia; and no witnesses are required and neither are blood tests.

No appointment is necessary to obtain the license, but both the groom and bride applicants must appear in person to obtain the marriage license. Or, if either cannot appear in person, they need to print the “Affidavit” form on the website. The party who cannot appear in person must complete it and sign it before a notary public; the other party must bring the completed form to obtain the marriage license.

And, weddings are not performed at the courthouse. (Visit the website for a complete list.)

But over the years McQuigg has seen her share of issues that spring up from time-to-time. One thing people may not know is that a marriage license is only good for 60 days.

“Sometimes people get it too early before the wedding, and then they have to get a new license closer to the wedding date,” McQuigg explained.

Another problem is couples need to ensure the person performing the ceremony is a celebrant authorized to marry people in Virginia. A marriage is not valid if the wedding ceremony was not performed by an authorized celebrant.

“Some people think they are married when they actually might not be under the law. Then when children are involved, it can get really complex,” McQuigg said. The implications are widespread especially when it comes to insurance through a person’s employer or trying to change a person’s last name.

Once a wedding ceremony has taken place, the authorized celebrant has five days to return the signed license to the court. The license is then processed and a certified copy is mailed to the married couple and a copy sent to vital statistics in the Department of Health. “But we’re the keeper of the original license,” McQuigg added.

Sometimes the court’s office doesn’t receive the license after the wedding; it may have gotten lost in the mail, or the couple may have moved, or the celebrant may not have returned it to the court.

So McQuigg recommends that if couples have not received their certified copy of their marriage license in a few weeks after their ceremony, to contact the court immediately. Receiving a certified copy ensures the couple that the original license is in the court.

Then there are the weddings that take place out of the country. In these cases, McQuigg recommends couples contact the U.S. State Department prior to the wedding to understand the logistics since different countries have different regulations.

Other issues include that after 20-plus years, couples try to locate their licenses because they may need them for proof when it comes to retirement or other legalities. Sometimes lawyers need to get involved if the license can’t be found.

Or, sometimes couples get divorced and assume they can get remarried to someone else the next day.

“But the judge may not have signed the order dissolving the other marriage,” McQuigg cautioned. “Make sure you have a signed order in hand before you get remarried. We’ve seen this, unfortunately, more than once.”

Then some people forget at which county court they got their marriage license. If they can’t remember but know they were married in Virginia, they can contact vital statistics through the health department.

McQuigg said, “One day in our office, we all went home and made sure we had a certified copy of our marriage licenses. When you go to retire, all this paperwork is required. It’s heartbreaking for those having problems when you consider all the legal implications.”

The bottom line? Make sure you have a certified copy of your marriage license. Then go out and celebrate your marriage this Valentine’s!

The clerk of circuit court is located in the Judicial Center at 9311 Lee Avenue in Manassas.  Marriage licenses can be obtained Monday-Friday from 8:30 a.m.-4:30 p.m. in the Judicial Center’s Public Service Room #305. The general information phone number is 703-792-6015.

The county’s website for marriage information can be found at http://www.pwcgov.org/marriage which, includes forms, general information and a list of tasks to do after the wedding ceremony.