Smyth County Marriage License

Marriage licenses in Smyth County are issued by the Circuit Court Clerk at 109 W. Main Street in Marion, the county seat. Both applicants must appear in person together, bring valid photo ID, and pay the $30 fee.

Smyth County Circuit Court Clerk

The Clerk of the Circuit Court for Smyth County is the only office that can issue marriage licenses in the county. Under Virginia Code § 20-14, all Virginia marriage licenses must come from a circuit court clerk or deputy clerk. The Smyth County clerk's office is at 109 W. Main Street in Marion, in southwestern Virginia in the Blue Ridge highlands.

Virginia law has no residency requirement. You can apply in Smyth County no matter where you live. Both people must appear together in person at the time of application. No proxy applications are allowed. The clerk processes applications the same day. Bring all required documents and both applicants to complete the process in one visit.

Smyth County was formed in 1832 from Washington and Wythe counties. Marion is the county seat. Hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. Call (276) 782-4044 with questions before your visit.

Out-of-state ministers who plan to officiate at ceremonies in Smyth County must apply to the clerk for authorization. They must post a $500 bond and take an oath of office. Virginia-licensed ministers and judges are already authorized and need no additional local approval. If your officiant is from out of state, contact the clerk well before the ceremony date.

Marriage License Requirements in Smyth County

Both applicants must go to the clerk's office together. Each person needs a valid, unexpired government-issued photo ID. A driver's license, U.S. passport, state-issued ID card, or military ID will work. Expired IDs will not be accepted. Call (276) 782-4044 before your visit if you have a question about a specific document.

You must provide your Social Security number. The card itself is not required, but the number must be given on the application. Under Virginia Code § 20-16, the clerk also requires the full legal names of both applicants' parents, including each mother's maiden name before marriage. Have all of this ready before your visit. If a parent's name is unknown to you, ask the clerk for guidance.

Both applicants must be at least 18. Virginia Code § 20-48 sets this as a hard minimum with no exceptions. Virginia's prior law allowing younger applicants with parental consent has been repealed. Your photo ID establishes proof of age. Bring a certified birth certificate if there is any question about age.

Marriage License Fees in Smyth County

The marriage license fee is $30. Virginia Code § 20-15 sets this statewide. The $30 includes a $20 state license tax and $10 directed to the Virginia Department of Social Services for domestic violence services. The clerk collects this fee when you apply. Call (276) 782-4044 to confirm accepted payment methods before your visit.

The license is valid for 60 days. Virginia Code § 20-14.1 states that if no ceremony occurs within that period, the license expires. There is no extension and no refund. If your wedding is delayed past 60 days, you must reapply and pay the fee again. The ceremony must also take place within Virginia. A Smyth County license cannot be used in another state.

After the ceremony, the officiant must sign the marriage certificate and return it to the Smyth County clerk. The clerk records it and sends a copy to the Virginia Department of Health Office of Vital Records. Certified copies are then available through the clerk for $2.50 each.

Smyth County Marriage Records and Certified Copies

Certified copies of Smyth County marriage records are available from two sources. The Circuit Court Clerk at 109 W. Main Street in Marion holds copies of licenses issued there. Copies cost $2.50 each. You can request in person or by mail. For mail requests, include both spouses' names, the approximate marriage date, and a self-addressed stamped envelope.

The VDH Office of Vital Records in Richmond also holds all Virginia marriage records since 1853. Their fee is $12 per certificate. Requests can be submitted online, by mail to P.O. Box 1000, Richmond, VA 23218, or in person at 8701 Park Central Drive. Phone: (804) 662-6200. For expedited service, use VitalChek at 1-877-572-6333.

Under Virginia Code § 32.1-271, certified copies are restricted to immediate family members for 25 years following the marriage. After that, records become public. Social Security numbers are always redacted from copies regardless of the record's age.

The VDH FAQ page covers eligibility and how to request records from Smyth County or any Virginia jurisdiction.

The Virginia Department of Health maintains Smyth County marriage records as part of the statewide vital records system.

Historical Smyth County Marriage Records

Virginia began requiring statewide recording of marriages in 1853. The Library of Virginia holds Smyth County marriage registers from 1853 to 1935 on microfilm. These registers include the date and place of marriage, both parties' full names, ages, birthplaces, parents' names, occupations, and the officiant's name. Researchers can borrow microfilm through interlibrary loan at no cost.

FamilySearch has digitized Virginia county marriage registers from 1853 to 1935 and made them searchable online for free. Virginia residents can also access Ancestry.com through the Library of Virginia's Finditva.com service using a public library card. For records after 1935, contact VDH or search the Ancestry Virginia marriage index.

Smyth County was formed in 1832 from Washington and Wythe counties. Marriage bonds and early records from before 1853 are held at the Library of Virginia. The Virginia Judicial System website provides contact details for the Smyth County clerk's office for historical record inquiries.

Nearby Counties

These counties border Smyth County. You may apply at any Virginia circuit court regardless of where you live.