Who is Allowed to Officiate a Wedding in Virginia?
Under the Virginia Code, the following officials and religious figures are authorized to perform marriage ceremonies: In addition, any person of any religious faith who is authorized to perform marriage ceremonies may apply to obtain, and be vested with , the power to perform marriage rites and ceremonies provided that he or she is a resident of Virginia or has regularly performed marriages in Virginia for the preceding twelve months.
Finally, the governors of both Virginia and Tennessee are designated as having the power to perform marriage ceremonies to mark their offices as heads of state within their respective states.
Legal Requirements for Virginia Officiants
Legal Criteria for Marriage Officiants in Virginia
For those who are considering officiating weddings in Virginia, there are some legal prerequisites for doing so, before getting ahead of oneself regarding authorized officiants. Here are the basic criteria to become a marriage officiant in Virginia:
Age – a potential marriage officiant must be at least 18 years of age.
Citizenship – Nonresidents of Virginia may perform marriages organized by the Secretary of the Commonwealth, and only in the locality in which they are registered.
Residency – there are no residency requirements for marriage officiants in Virginia.
Types of marriage officiants – if you don’t fit into any of the specific professional categories below (or you are not LDS), you can still officiate ceremonies in Virginia upon application, and registration with the Secretary of the Commonwealth. The following is an overview of legal marriage officiants in Virginia:
Professional clergy – includes ordained or licensed ministers of every religion, whether accredited formally or by custom, who regularly conduct marriages of other persons as part of their ministry.
Representatives of recognized religious organizations – includes members of societies, the nature and creed of whose beliefs are from the Divine contemplation and worship of God, and whose members are inspired by the grace of God to do His will.
The Mormon Church in Virginia maintains an online and archived database of both active and inactive Latter-day Saints ministers.
"Other" denominations – this applies to a person whose authority to officiate comes from a religious society, which society has been duly organized in accordance with the laws of Virginia.
Virginia Law codes further define clergy members; they include:
Professionally licensed clergymen – this includes clerics of all denominations and orders and ministers of every religious belief, who are licensed, ordained or otherwise recognized by all religious bodies having authority over them or their activities to solemnize marriages or otherwise officiate thereat.
For earnings – ministers of all denominations and orders who are regularly employed on a permanent or part-time basis, or paid for their services, as officiants of marriages. A clergy member who only officiates weddings as an avocation does not qualify under this definition for businesses that require a local business license.
No one secular entity regulates the actions of all of the above clergy definitions; they are generally regulated by a recognized congregation or religious force. In other words, each religion maintains its own roster of proper ministers who are qualified to officiate marriages.
How to Become an Officiant
Virginia recognizes several types of marriage officiants who may perform marriages in the Commonwealth. They include ministers, priests, and rabbis of every religion. Also permitted to officiate marriage ceremonies in Virginia are: ministers and priests of any religious body which is recognized as an established church by any state of the United States, or of the United States; ministers of any church which has been established for a period of not less than 50 years, according to Section 20-38, Code of Virginia.
In order to officiate a marriage ceremony in the Commonwealth of Virginia, all applicants must submit the "Application for Permit to Perform Marriage Ceremonies" (Form CRE-1) which may be obtained on the eighth floor of the General District Court Clerk’s Office at the Circuit Court of Fairfax County, Clerk’s Office in the City of Alexandria, or the General District Court Clerk’s Office in the City of Falls Church.
An applicant shall file the Application with the Clerk of the Circuit Court in any county or city where the officiant is located. All applicants must meet the following requirements: The Clerks of the Circuit Courts in the various jurisdictions process these applications for Circuit Court Judges. The Judges approve or disapprove the application. Upon approval, the applicant is sworn into an oath after which a "Certificate of Qualification to Perform Ceremonies" (Form CRE-2) is issued by the Clerk of the Circuit Court in the jurisdiction where the wedding coordinator will ordinarily be performing weddings.
You Obtain an Online Ordination
Going online to get ordained has become increasingly common, and thankfully, the Commonwealth recognizes several internet ministries as valid throughout the State. The Minister’s Licensing Universal Life Church, Open Ministry, USA (OMUSA or Online Ministeries of the Universal Life Church) is recognized statewide and nationwide, and is one of the Ordained Ministers thereunder who has been recognized in over 2500 Court matters. It is the first internet ministry of its type to be recognized by the Virginia Supreme Court in an unpublished opinion, and followed by many Virginia Courts. As of this writing, the titles ‘Minister'(Virginia Code Section 57-1) and ‘Ordained’ (Virginia Code Section 57-2), are valid e-church ordinations for performing marriages. In addition, and quite significant, is the fact that recent rulings by Virginia and other federal courts affirming the Constitutional right of congregations to choose a clergyman to officiate at their ceremonies, solidifies a recognized right of clergy to perform all marriages. Their refusal to recognize e-church ministers was based on their refusal to recognize their authority to conduct such marriages. Online ministries are becoming part of the mainstream of society, and many people’s first exposure to the Church (see note below). Its occurrence is symptomatic of the postmodern era of culture and illiteracy of Biblical texts, versus what adherents are seeking – a simple way to seek God, and be recognized as clergymen. There is no evidence this trend towards e-ministry has ‘spun out of control’, or threatened marriage laws in this Commonwealth, and that as a whole, e-ministers only desire is to reach out to the wider community in service to others. See Scriptural references: Matthew 28:18-20:19-20 and John 13:16-20. Note: Lifeway Research conducted a survey on Street and Network Ministries in 2012, a new kind of church led by part-time or volunteer leaders who hold nontraditional styles of services. For example, those who call themselves New Church [2×2] came in at 3% of the population, and Advance [UCG Global] did not rank.
The County Requirements
While Virginia law provides a general framework for marriage officiants, many counties and municipalities have additional requirements for those those wanting to solemnize marriages. If you are considering becoming an officiant, you should check your county’s website to determine if any additional requirements apply. Although most county websites are clear that they have no additional requirements, some counties (particularly in Northern Virginia) are overly-complicated and require careful research.
For example, Prince William County requires officiates to register with the Clerk of the Circuit Court for Prince William County. According to the County’s website:
You must download and complete the Clerk’s Office Marriage Ceremony Registration Form . Then make an appointment and bring the completed form to our office along with proper photo identification, such as a Virginia driver’s license or state ID card. . . . If you are filing an application for [a church] and do not perform more than fifty (50) marriages a year, as stated on the registration form, you will be charged a one-time $25 fee which you can pay by cash, money order, certified check or card.
Other counties like the City of Alexandria and Falls Church have determined that all marriages performed in their county are solemnized by the officiant of the jurisdiction where the marriage takes place, so that no separate registration is required.
Most counties are like Fairfax County, where no additional requirements are placed upon marriage officiants.
Legal Paperwork
Accurate Compilation of the Legal Record is Imperative
Your efforts don’t stop once you say "I do." As the official marriage officiant for your ceremony, it’s your responsibility to ensure that all legal documentation is properly recorded with your local circuit court.
For your marriage to be legally valid, the officiant must:
It is absolutely essential that you take the time to read the instructions on the license’s cover, which describe the responsibilities of the officiant, in addition to:
You may also find helpful information at the Virginia Department of Health’s Vital Records website.
A Virginia marriage certificate must be returned to the Court in the Circuit Court Clerk’s office in the city or county within whose jurisdiction in Virginia the marriage occurred within 5 business days of the marriage. Return the marriage certificate to the clerk’s office, with a self-addressed, stamped envelope, and request that the certificate be mailed back to the happy couple.
The license can be returned sooner, but it is not necessary for the couple to wait for the certificate to be returned in the mail in order to start using it.
Your client will receive two certificates. They may choose from a number of options for the design of their official certificate – the officiant should use his or her best judgment when determining which layout to use. In any case, it’s very important for the officiant to ensure the following when completing the documentation:
If you’re ever unsure about whether or not the details you’ve compiled are accurate, consult an expert.
Finishing Touches
Many officiants prefer to complete the certificate while seated at the head table. This enables you to interact with the rest of the guests during the reception (if you’re not included in the festivities, your clients may wonder why they hired you!).
Be sure to write legibly when documenting marriage details, as the marriage record does become part of the public record. All of the parties, including the officiant, should sign the marriage license in blue or black ink.
Penalties for Officiating Without a License
These law violations could carry significant penalties:
A. Any person who willfully performs, or purports to perform, a marriage ceremony without being an authorized officiant, in addition to other sanctions provided by law, shall be guilty of a Class 1 misdemeanor.
B. Any person who performs, or purports to perform, a marriage ceremony, knowing that such marriage is prohibited by law, in addition to other sanctions provided by law, shall be guilty of a Class 1 misdemeanor.
C. Any person authorized to perform marriages in Virginia who willfully fails to provide the clerk of court with the certificate of marriage as required by § 20-44 . A violation of this subsection shall be punishable as a Class 1 misdemeanor.
D. Any person who does not return the certificate of marriage to the clerk of court in accordance with § 20-54 shall be guilty of a Class 1 misdemeanor.
E. Any person authorized to perform marriages in the Commonwealth who fails to provide the clerk of court the certificate of marriage within 60 days of the date of the marriage shall be subject to a civil penalty not to exceed $500. Any civil penalties collected under this subsection shall be paid into the Literary Fund established by § 9.1-513.