Transformation of the Law: Electronic Marriage and Notarization without Borders

Abstract

Each of the 50 states of the United States has its own legislation governing marriage and notarization. While, at times, this situation leads to lack of uniformity and to confusion, it has the advantage that individual states may move ahead with experiments in transformation of the law to adapt to new conditions. This talk will discuss two such experiments in two different US states: (1) that of Utah County in the State of Utah in allowing remote online marriage and (2) that of the state of Virginia in allowing remote online notarization. The Utah experiment was designed to deal with the coronavirus-based difficulties of having the participants in a marriage ceremony present in the same location. The Virginia experiment, in contrast begin in 2012, and reflects the ongoing competition between stages to offer a favorable milieu for commercial and other transactions.