Marriage License
Questions or Concerns, please contact us: Smyth County Courthouse, 109 West Main St., Suite 1081, Marion, VA 24354
Phone: (276)782-4044
The Clerk of Circuit Court Office is located on the 1st floor of the Smyth County Courthouse.
Office hours are Monday-Friday 9:00 a.m.-5:00 p.m.
FAQs
Both persons who are to be married appear in person at the Clerk’s Office. Please arrive by 4:30 pm.
Driver's license or other valid photo identification
Payment in the amount of $33.00, either in cash, check, money order, or by credit/debit card. If you use a credit/debit card, a small convenience fee will be added.
Payment in the amount of $33.00, either in cash, check, money order, or by credit/debit card. If you use a credit/debit card, a small convenience fee will be added.
If a party cannot appear in person due to military service, incarceration, or other reason, please contact the clerk's office. We try to accommodate special requests.
In Virginia, the minimum age at which persons may marry is 18 years old, unless a minor has been emancipated by court order. If an emancipated minor applies for a marriage license, he or she must provide the Clerk’s Office with a certified copy of the order of emancipation. For additional information, see Section 20-48 of the Code of Virginia.
In addition to the full names and identifying information for each applicant, you will need to provide the full names (first, middle, and last) of each applicant’s parents. Click here to see a sample form.
In Virginia, you may be married by an authorized minister or civil marriage celebrant who has been credentialed by the court to perform weddings. Judges are authorized to perform weddings, as well. Be sure to ask your wedding officiant if they have been authorized to celebrate marriages by a Circuit Court in Virginia. The clerk's office maintains a list of local civil marriage celebrants.
In some cases, the Court can authorize a person who lives in our judicial circuit (Smyth County, Washington County, or the City of Bristol) to perform a wedding. For more information, visit “Officiating at a wedding in Virginia”.
The marriage license expires, and you must return the unused license to the Clerk’s Office.
Virginia is for lovers, but if you have been married before, you must first obtain a valid divorce in the previous marriage to marry again. Marriage licenses in Virginia are issued without regard to the gender of applicants. Nonetheless, you cannot legally marry a relative closer to you than a cousin, even if the relationship is by half-blood. You cannot marry your brother, sister, child, or parent, even if you are related only by the half-blood or by adoption.
If you are hoping to marry, you and your partner should disclose, prior to your wedding, all relevant information to each other that may be grounds for voiding your marriage later, such as impotency, felony conviction, religious orders, whether one of you is already the parent of someone else's child, or other relevant information as provided under Virginia law. There is no longer any requirement for applicants for a marriage license to submit to a blood test.
Your wedding officiant completes the information at the bottom of both copies of the marriage documents, signs and dates them, and is charged with the responsibility of returning both copies of the marriage certificate to the Clerk’s Office within five (5) days of the ceremony. Upon receipt of the marriage certificate in the Clerk’s Office, the newly married couple will be mailed two (2) certified copies. If needed, either party may request additional certified copies of their marriage license at any time. Certified copies are $2.50 each.
After your wedding, you may choose to change your name. To change your name with the Social Security Administration, you will need to submit a certified copy of your marriage license along with SSA Form SS-5, a copy of which is provided to you in your packet of information. For assistance, contact the Social Security Administration at (800) 772-1213 or seek necessary information at the following website: www.ssa.gov
In order to obtain a new drivers license with your new name, you will need to go in person to an office of the Virginia Department of Motor Vehicles (DMV) and have with you a certified copy of your marriage license. For more information, go to the DMV site: www.dmv.virginia.gov
