Gavin Howe
The U.S. Virgin Islands is a popular destination for weddings, with its white sandy beaches and pristine reefs. While same-sex marriage was legalized in the U.S. Virgin Islands in 2015 following the Supreme Court's ruling in Obergefell v. Hodges, it is unclear whether common-law marriage is recognized in the territory. One source suggests that the Virgin Islands do not recognize common-law marriage, although this may not be legal advice. If you are considering a common-law marriage in the U.S. Virgin Islands, it is advisable to consult a CPA and tax attorney in the USVI to understand your legal rights and any financial implications.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | No |
| Recognition of same-sex marriage | Yes |
| Marriage license process | Administered by the Superior Court |
| Application method | Online or in-person |
| Application fee | $200 |
| Processing time | Approximately one week |
| Officiants | Licensed judge, minister, or officiant |
| Witnesses required | Two |
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What You'll Learn
The Virgin Islands does not recognize common-law marriage
In fact, according to the statutes of the U.S. Virgin Islands, "marriage is hereby declared to be a civil contract that may be entered into between a male and a female in accordance with the law." This definition of marriage as a civil contract between a man and a woman was challenged by the introduction of the Civil Marriage Equality Act, which sought to replace the phrase "between a male and a female" with "between two persons." This legislation, introduced by Senator Judi Buckley in May 2014, aimed to legalize same-sex marriage in the Virgin Islands.
Despite this effort, the bill faced opposition from groups such as One Voice Virgin Islands, a coalition of church leaders who organized a petition drive aiming to collect 50,000 signatures against the legislation. The group's president, New Vision Ministries Pastor James Petty, stated their objection: "We do not wish to be America's same-sex paradise." Despite these objections, the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, invalidated bans on same-sex marriage under the Fourteenth Amendment.
Following this ruling, Virgin Islands officials took steps towards compliance. Presiding Judge Michael Dunston of the Superior Court announced that the territory would comply, and Governor Kenneth Mapp issued an executive order directing government agencies and departments to adhere to the ruling. As a result, same-sex couples can now obtain marriage licenses and have their marriages recognized in the U.S. Virgin Islands.
While the Virgin Islands has made progress in recognizing same-sex marriages, it is important to note that common-law marriages are still not recognized in the territory.
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Void marriages
The U.S. Virgin Islands are a popular destination for weddings, with their white sandy beaches, emerald green hills, pristine reefs, nightlife, and dozens of resorts designed for relaxation and celebration. It's easy for U.S. citizens to get married on the islands, and they can even bring a family member or friend to serve as their wedding officiant.
However, there are specific laws that govern marriages in the U.S. Virgin Islands. For instance, a marriage license issued by the Virgin Islands is required—a marriage license from the couple's home state cannot be used. This license is issued by the U.S. Virgin Islands Superior Court and is valid for three months. The Superior Court will issue the license if the parties are legally competent to marry and have complied with all other legal requirements.
Marriages in the U.S. Virgin Islands must be solemnized by a recognized officiant. This can be a clergyman or minister of any religion (whether they reside in the Virgin Islands or elsewhere in the United States), a Local Spiritual Assembly of the Bahai according to their religious community's usage, or any judge or court of record.
Additionally, if a marriage is entered into outside of the Virgin Islands and is deemed illegal according to Virgin Islands law, it may be declared void as if it had been celebrated within the Virgin Islands. Marriages solemnized by unauthorized persons are also considered void.
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Prohibited marriages outside the Virgin Islands
The US Virgin Islands does not recognize common-law marriage.
Marriage laws in the Virgin Islands deem certain marriages illegal and void. Marriages between certain relatives are prohibited, including:
- A man and his grandmother, grandfather's wife, wife's grandmother, father's sister, mother's sister, mother, stepmother, wife's mother, daughter, wife's daughter, son's wife, sister, son's daughter, daughter's daughter, son's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter or sister's daughter;
- A woman and her grandfather, grandmother's husband, husband's grandfather, father's brother, mother's brother, father, stepfather, husband's father, son, husband's son, daughter's husband, brother, son's son, daughter's son, son's brother, or daughter's brother.
Additionally, marriages involving individuals under the age of 18 are prohibited and void. Marriages may also be deemed void if either party is:
- An "idiot" or a person adjudged a lunatic;
- Consented to the marriage by reason of fraud or force;
- Incapable, from physical causes, of entering into the marriage itself.
If a marriage is deemed illegal under Virgin Islands law, it may be declared null and void, even if it was entered into in another jurisdiction by individuals domiciled in the Virgin Islands.
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Marriage solemnized by an unauthorized person
The U.S. Virgin Islands are a popular destination for weddings, with their white sandy beaches, emerald green hills, pristine reefs, nightlife, and resorts designed for relaxation and celebration. It's easy for U.S. citizens to get married on the islands, and you can even bring a family member or friend to serve as your wedding officiant.
However, it is important to note that marriages in the Virgin Islands must be solemnized by an authorized person. According to the Virgin Islands US Marriage Laws, a marriage is only valid if it is solemnized by:
- A clergyman or minister of any religion, residing in the Virgin Islands or elsewhere in the United States.
- Witnessed by a Local Spiritual Assembly of the Bahai, according to their religious community's practices.
- Any judge or court of record.
If a marriage is not solemnized by one of these authorized persons, it is subject to penalties. The unauthorized person who performs the marriage rites shall be fined not more than $500. Additionally, the marriage may be deemed illegal and void, as per sections 1 and 2 of the Virgin Islands US Marriage Laws.
It is worth noting that the Virgin Islands do not recognize common-law marriages. Therefore, it is essential to follow the legal requirements for a valid marriage, including having the ceremony solemnized by an authorized person.
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Marriage license application process
The Virgin Islands do not recognize common-law marriage. However, if you are interested in getting legally married in the Virgin Islands, here is a step-by-step guide on how to do so.
- File the Documents: Complete a 'Marriage Application Packet' using the Electronic Filing System or apply in person at the Family Division office in either St. Croix or St. Thomas. The Virgin Islands Superior Court will issue your marriage license. You must use a marriage license issued by the Virgin Islands—you cannot use a marriage license from your home state. There is an 8-day waiting period before you can pick up your license, and no expiration period.
- Sign the Register: Visit the courthouse to pick up your documents and sign the marriage registry. You will receive your license to marry.
- Get Married: Bring the license with you to the ceremony, where the wedding officiant or minister and witnesses will sign it after the ceremony.
- Final Filing: The officiant will submit the signed marriage license to the court for processing. Certified copies of your marriage license will be mailed to your home.
Please note, there are no blood tests, residency requirements, or waiting periods for a Virgin Islands Marriage License. Non-US citizens are also permitted to marry in the Virgin Islands, but additional documentation may be required to legalize the marriage in the couple's home country.
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Frequently asked questions
No, the Virgin Islands do not recognize common-law marriage.
Common-law marriage is a legal framework where couples are considered married without having formally registered their relationship.
The Virgin Islands recognize civil marriages and religious marriages.
No, you do not need to be a resident of the Virgin Islands to get married there. However, there are some legal requirements that must be met, including applying for a marriage license and having the ceremony performed by a licensed official.
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