Couples who want to get hitched in Virginia can now get same-day service at their local clerk of circuit court’s office.
Mathews Clerk of Court Beth Brown said she performed her first marriage ceremony last week under a new state law that gives all circuit court clerks in Virginia the authority to do so (Va. Code 20-25).
“You can go to the clerk’s office, get a marriage license, and get married the same day,” said Brown.
Unlike times past, when couples might be required to have a blood test or wait a certain length of time, the new law makes getting married a breeze. Divorced people don’t have to provide proof that they’re really divorced, no witnesses are required, and no person can be denied a marriage license on the basis of sex, gender, or race (Va. Code 20-13.2).
In fact, there are only two requirements. The officiant performing the ceremony must ask each person if they do, in fact, want to get married, and each person must be at least 18 years old. A new law set a minimum age for marriage of 18 (Va. Code 20-48), with emancipation for the purpose of marriage no longer an option for those who are underage.
Clerks of court aren’t the only people authorized to perform marriage ceremonies now “without petition or bond.” Any Virginia member of the U.S. Senate or House of Representatives, any member of the Virginia General Assembly, and any current or former governor, lieutenant governor, and attorney general may do so, as well. The laws also give religious organizations and members of the clergy the right to refuse to perform a marriage ceremony.
The General Assembly didn’t provide much in the way of guidance as far as ceremonies are concerned. Brown said there’s no script, so she went online and put together a basic civil ceremony in case she was asked to perform one. It includes traditional language, minus any religious references that are the purview of religious leaders or the people getting married themselves.
She said it was a beautiful day when she performed the ceremony last week, so she and the couple went outside and stood under a tree in the courtyard.
“It was an uplifting experience, a happy occasion,” she said.
If a couple has any special requests, such as a passage from a book they’d like Brown to read, she can “try to make that happen,” but they need to call ahead of time to see if their wishes can be accommodated.
“It’s not for a whole wedding party,” she said, “but they can bring their family or a few friends.”
Brown said the clerk’s office has to deal with so many difficult situations, such as criminal prosecutions and probates of estates of the deceased, that performing a marriage provides a welcome break.
“We like nice things that come out of the court,” she said.
Other legislative changes
There were a number of other legislative changes that affect processes or procedures in the courts, from increasing the age for exemption from jury duty from 70 to 73 (Va. Code 8.01-341.1) to exempting people from having to make payments on court costs as long as their only income is from Social Security or SSI (Va. Code 19.2-354; 19.2-354.1).
Va. Codes 58.1-1021.02 and 59.1-293.12 increase the penalty for retail dealers who provide a tobacco product to a person younger than 21, while Va. Code 3.2-6589.1 enacts fines for people convicted of cruelty to elephants.
Other changes enacted mainly affect the way the clerk’s office handles various matters, from jury lists and paperwork in guardianship cases to probate matters and deed recordation.