Imagine you’ve thought you were married for a decade and all of a sudden your spouse denies that you were ever married at all. The Virginia Supreme Court (the “Court”) recently decided just such a case in Levick v. MacDougall. The central issue in that case was whether a married couple must first obtain a marriage license before “solemnizing” their marriage.
The facts were straightforward: Richard and Deborah were “married” on December 21, 2002 at a celebration at Richard’s house with friends and family. The officiant, on the day of the “wedding”, discovered that Richard and Deborah had not obtained a marriage license. The officiant suggested that they go forward with the ceremony anyway and that the couple obtain a marriage license as soon as possible. Around two weeks later, on January 6, 2003, the parties went to the local courthouse to obtain a marriage license. They then mailed it to the officiant. The officiant received the marriage license, filled it out on January 21, 2003, and wrote on the certificate that Richard and Deborah were married on January 21, 2003.
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