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1. How do I obtain a Marriage License?

General Information

• Cost: $30 payable by cash, check, or credit card (2% convenience fee)
• The Marriage License Application process has been automated in the Clerk’s Office. Application forms are available on the Public Access Terminals in our Customer Waiting Area or through the Marriage License Pre-Application Process.
• Marriage licenses are issued by the Clerk of Circuit Court in each city and county in the Commonwealth of Virginia.
• There are no residency requirements; You do not have to be a Newport News resident to obtain your marriage license in the Newport News Circuit Court Clerk’s Office.
• Once a marriage license is issued, there is no waiting period. However, the marriage license is valid for 60 calendar days and the marriage must take place in Virginia.
• Certified Copy Fee: $2

Requirements:

• Both parties must appear together and present a government issued picture i.d. such as a driver’s license is required in this office.
• Social security number or Virginia Department of Motor Vehicle control number is required
• No blood test is required to marry in the Commonwealth of Virginia
• Pursuant to §20-48 of the Virginia Code, the minimum age at which a person may marry is 18, unless the minor has been emancipated by court order. Upon application for a marriage license, the emancipated minor must provide a certified copy of the court order of emancipation to the Public Service Division.
• The Officiant who performs the marriage ceremony must return the license with 7 days after the ceremony to the Newport News Circuit Court Clerk’s Office at 2500 Washington Ave. Newport News, VA 23607.

2. What do I need to do to perform a marriage in Virginia?

Pursuant to Virginia Code §20-23, when a minister of any religious denomination produces before the circuit court of any county or city in the Commonwealth 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 is commissioned to pastoral ministry or holds a local minister's license and is serving as a regularly appointed pastor in his denomination the clerk of such court at any time, may make an order authorizing such minister to celebrate the rites of matrimony in the Commonwealth. 

Pursuant to Virginia Code §20-25, persons other than ministers may perform rites of marriage upon petition filed with the clerk and payment of applicable clerk's fees ($56.00). 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. 

The clerk's office does not have forms for this procedure. You must prepare your own petition to file.

If you still have questions please call 757-926-8356 for further information.

3. If I file my own divorce, is there a package or a model I can get from the Clerk's Office to help me?

No, you are required to file your divorce in the Circuit Court which is a court of record and you must comply with all the applicable rules in the Rules of the Virginia Supreme Court (PDF), the applicable statutes in the Virginia Code, 1950, as amended, and the local rules of the 7th Judicial Circuit (Newport News).
You may go to the Virginia Judicial System Court Self-Help website located at https://selfhelp.vacourts.gov/ for their online forms program for uncontested and no-fault divorces.

4. If I file my own divorce, can I just give copies of the papers to my spouse?

Yes, but this does not provide proper legal service. Legal service on your spouse must be by a manner authorized in §8.01-296, Code of Virginia, as amended, or by acceptance of service as set forth in §20-99.1:11, as amended.

5. After I file my divorce does the court let me know what to do next?

No, you are required to see that the case goes forward and in so doing you must comply with all applicable rules and statutes, prepare and file all necessary papers, have the evidence taken (uncontested divorce), and prepare and file all Orders (Decrees) necessary to process and complete the divorce.

6. Do I file my divorce in Newport News?

You may file in Newport News if:

1. The defendant in the divorce lives in Newport News as of the date of filing
2. The two of you last cohabited as husband and wife in the City of Newport News
3. You are the plaintiff and live in Newport News and the defendant is either a non-resident of Virginia
4. The defendant's present whereabouts are unknown

Please note that your reason for filing in Newport News must be clearly stated in your Bill of Complaint, and if you allege either (3) or (4), you will have to obtain service of your Bill of Complaint on the Defendant by publication (§8.01-316 and §20-104, Code of Virginia) or personal service outside Virginia (§8.01-320, Code of Virginia).

7. If I need advice on substantive legal matters concerning my divorce or a change of name petition, may I get that from the Clerk's Office or the judges' administrative assistants?

No, the clerks, judges and their personnel cannot provide you with legal advice. You will have to seek legal advice from those qualified and authorized to give that advice or sufficiently educate yourself concerning the relevant area of the law.

8. Where can I find the Code of Virginia, the Rules of the Virginia Supreme Court, local rules of the 7th Judicial Circuit, form books and other aids?

The Code of Virginia and the Rules of the Virginia Supreme Court are both available online. The Law Library for the City of Newport News is open to the public from 8 AM until 4:45 PM Monday through Friday, and is located on the 1st floor in the Justice Building at 2501 Washington Avenue, directly across the street from the Courthouse.

9. How do I legally change my name?

As an adult, you may petition the Circuit Court in the city where you live. The court will determine whether good cause exists under the circumstances alleged in the petition. Pursuant to §8.01-217, Code of Virginia, 1950, as amended, the following are required in the petition:

• The petition must be made under oath (you must swear to the truth of the allegations in the petition after having been placed under oath by a Notary, and that Notary must acknowledge on the petition that you were placed under oath and swore to the truth of the allegations in the petition and that you did sign the petition)
• Your place of residence
• The names of both of your parents, including the maiden name of your mother
• Your birth date and your place of birth
• Your felony conviction record, if any. If none, that must be stated
• Whether you are presently incarcerated or a probationer with any court (if not, that must be stated)
• Whether your name has been previously changed [if so, list your former name(s)]
• Your affirmation that this name change is not sought for any fraudulent purpose and would not infringe upon any rights of others

10. How do I legally change the name of my minor child?

One or both parents of a minor child may petition the Circuit Court in the city where the child lives. The court will determine whether good cause exists under the circumstances alleged in the petition and whether the change is in the best interest of the child. Pursuant to §8.01-217, Code of Virginia, 1950, as amended, the following are required in the petition:

• The petition must be made under oath by parent or parents (you must swear to the truth of the allegations in the petition after having been placed under oath by a Notary, and that Notary must acknowledge on the petition that you were placed under oath and swore to the truth of the allegations in the petition and that you did sign the petition);
• The place of residence of the minor child
• The names of both parents of the minor child, including the maiden name of the mother
• The birth date and birth place of the minor child
• The felony conviction record of the minor child. If none, that must be stated
• Whether the minor child is presently incarcerated or a probationer with any court (if not, that must be stated)
• Whether the name of the minor child has been previously changed [if so, list the former name(s)]
• The parent or parents petitioning must affirm that the name change is not sought for any fraudulent purpose, does not infringe upon any rights of others and is in the best interest of the child

In the case of a minor with both parents living, if only one parent files the petition, the parent who does not join in the petition shall be served with reasonable notice of the petition, and, if he or she objects, a hearing before the judge must be scheduled. It is the responsibility of the petitioner to see that reasonable notice of the petition is served on the other parent. If a name change for a minor is allowed, it does not terminate any of the legal parental rights of a parent.

11. What should I do after I get my name changed?

You should get from the Clerk's Office a minimum of 3 certified copies of the Order changing your name and then immediately make associates, businesses and others with whom you have dealings aware of your change of name. You should make sure you contact your nearest Social Security office to secure the necessary forms to submit for a new Social Security card (your Social Security number should not change). Social Security should notify the IRS of the change; however, you should verify this with Social Security. More information concerning your name change and Social Security may be found at their website. You should also notify your local governmental offices, including the Voter Registrar's Office, the Commissioner of the Revenue, and the Treasurer's Office. Do not forget to take your old license, your new Social Security card and a certified copy of the name-changing Order to the DMV to secure a new operator's license.