Keith Mack
Virginia does not recognize common-law marriages within the state. However, it does recognize common-law marriages that were entered into in other states, provided that the legal requirements of those states were met. This means that if a couple with a common-law marriage from another state moves to Virginia, their marriage will be recognized, and they may need to take legal action to dissolve their marriage if they wish to separate. The legal system of Virginia is based on common law, with a large body of case law developed through the decisions of the Supreme Court, Court of Appeals, and circuit courts.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages in Virginia | Virginia does not recognize common-law marriages within the state. However, it may recognize common-law marriages performed in other states if they meet the legal requirements of those states. |
| Legal requirements for common-law marriages | Common-law marriage typically requires a couple to live together and hold themselves out to the public as a married couple for a certain period, usually seven years. |
| Rights and benefits of common-law marriages | Common-law marriages are generally afforded the same rights and benefits as formal marriages, including property rights and custody/visitation rights for unmarried couples. |
| Legal action for common-law marriages | Legal action may be required to dissolve a common-law marriage recognized in another state if the couple wishes to remarry. |
| Virginia's legal system | Virginia's legal system is based on common law, with a reception statute providing for the "reception" of English law. |
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What You'll Learn
Virginia does not recognise common-law marriages
Common-Law Marriage
Common-law marriage is a legal status that many people mistakenly believe exists in Virginia. It occurs when two people cohabit and live together for a certain period, typically seven years, and present themselves to the public as a married couple. This means that they act as if they are married without obtaining a marriage licence or having a formal marriage ceremony.
Virginia Law
In Virginia, a couple must obtain a marriage licence before a wedding ceremony is performed. The ceremony must be held within 60 days of obtaining the licence. Virginia does not recognise that two adults assume duties or obligations toward each other by living together unless they enter into some type of formal agreement.
Rights of Unmarried Couples
Although Virginia does not recognise common-law marriages, there are laws that protect unmarried couples, especially those who have been in long-term relationships and have commingled their assets. Unmarried couples who have purchased property together or have children may have legal rights to custody, visitation, and a share of the property.
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Common-law marriages from other states
Virginia does not allow common-law marriages within the state. However, it does recognize common-law marriages that were legally established in other states. This means that if a couple has a valid common-law marriage in another state, Virginia will respect their marriage. This is because, once a common-law marriage is established in a jurisdiction that allows it, any other place in the country will recognize the marriage.
The duration of time a couple must live together to establish a common-law marriage varies among states, ranging from days to years. Notable states that recognize common-law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas. However, specific qualifications vary from state to state. For example, Texas is the only state that officially terms this type of union as an "informal marriage," while other states call it a common-law marriage.
To prove a common-law marriage in Virginia, a couple with a common-law marriage from another state may provide supporting documents such as a change of name document, affidavits from relatives and friends, social security or insurance policies naming the other partner as a beneficiary, or mortgages and loans specifying the couple as joint financiers.
If there are significant assets involved, it is recommended to consult a licensed family law attorney to help determine the legal status of the common-law marriage in Virginia.
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Rights of unmarried couples in Virginia
Virginia no longer recognizes common-law marriages. However, it does recognize common-law marriages that were established in other states. Unmarried couples living together in sexual relationships are not uncommon, but Virginia laws still consider this "cohabitation" illegal. No duties arise from cohabitation unless there is an express agreement, either informal or written.
Unmarried couples in Virginia have the right to enforce agreements that express an understanding of their relationship regarding support or finances based on contract principles. These are called cohabitation agreements, and they can address a variety of important topics, including asset division, child custody, and child support.
If an unmarried couple breaks up, Virginia law offers no protection similar to what married couples receive. Assets of unmarried cohabitants are divided through agreement or through the legal process of a partition suit. Unlike the law of equitable distribution for marital property, partition suits do not consider fault in the breakup of the relationship when determining how assets should be divided.
In terms of property rights, unmarried couples are not legally entitled to alimony-like payments unless they have a written, oral, or implied agreement. One option for listing ownership on the deed is as "joint tenants with rights of survivorship," meaning that when one partner dies, the other automatically inherits the whole house. Another option is "tenants in common," where the deceased partner's share goes to whomever is named in a will or trust, or to blood relatives if there is no estate plan.
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The legal system of Virginia
Pursuant to the state constitution, the Virginia General Assembly has the power to enact legislation. A bill that has been passed by a majority in both the Virginia House and Senate is then sent to the Governor for endorsement. If the bill is either signed by the Governor or left unsigned for thirty days, it will become an official law. The Governor may also send the bill back with recommended changes or veto it. In either of these cases, the legislation would go back to the General Assembly for further action.
Marriage is the most significant legally recognized human relationship in Virginia. It carries numerous rights and responsibilities. To obtain a valid marriage license, you and your fiancé must sign an application issued by the Clerk of the Circuit Court of the city or county where either of you usually lives, and pay the applicable license tax. After obtaining a valid marriage license, the marriage ceremony must be performed within 60 days.
Virginia does not allow the creation of a "common-law marriage", a relationship in which a couple lives together but has not participated in a lawful ceremony. However, Virginia does recognize common-law marriages created in other states if the legal requirements of those states have been met. As a result, legal action is needed to dissolve legal "common-law" marriages performed in other states.
Virginia laws make "cohabitation" illegal. However, there are many laws that protect unmarried couples in Virginia, especially those who have been in a long-term relationship and have commingled their assets. If a couple has purchased property together, both parties may have a legal interest in the property, even if they are not married.
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The process of divorce in Virginia
The divorce process in Virginia can be complex, and it is recommended that both parties seek legal representation to ensure their rights are protected. The first step in filing for divorce is to meet the residency requirements. Either spouse must be a resident of Virginia for at least six months before filing for divorce. If there are no children from the marriage, the couple must be separated for a minimum of six months and have a written property settlement agreement before they can file for divorce. If there are children involved, the separation period is extended to a minimum of one year.
Once the residency and separation requirements are met, the divorce complaint can be filed in the Circuit Court, Civil Intake Division. Along with the divorce complaint, several other documents must be submitted, including the VS-4 State Statistical Form, the Domestic Case Coversheet, and the payment of civil fees. These fees must be paid by cash, cashier's check, or money order to the Clerk of the Circuit Court.
Virginia is not a community property state, so the marital estate is not automatically divided equally between the spouses. Instead, the court will decide on an equitable division of property, considering the unique circumstances of the marriage. The spouses can agree upon a property division at any time during the divorce process. If the couple has children, the court will prioritize the children's best interests and work to ensure that their lives are disrupted as little as possible. The court will also determine custody and child support arrangements, aiming to ensure that the children have parenting time with both parents.
In many cases, adultery is considered grounds for divorce and can impact spousal support arrangements. Virginia law considers it a violation of criminal law for a married individual to engage in voluntary sexual intercourse with anyone other than their spouse. However, adultery is rarely prosecuted as a crime, and the guilty spouse may be barred from receiving alimony.
It is important to note that Virginia does not recognize common-law marriage. However, the state will recognize common-law marriages that were entered into in other states. Overall, the divorce process in Virginia can vary depending on the specific circumstances of each case, and it is always advisable to seek legal guidance when navigating a divorce.
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Frequently asked questions
No, Virginia does not recognize common-law marriages. Common-law marriages occur when two people cohabit and live together for a certain period of time, acting as if they are married without obtaining a marriage license or having a formal ceremony.
Virginia does recognize common-law marriages that were entered into in other states if the legal requirements of those states have been met.
They would need to take legal action to have their marriage legally recognized and then go through the traditional divorce process.
Unmarried couples in Virginia, especially those who have been in long-term relationships and have commingled their assets, are protected in certain areas, such as property rights and custody and visitation rights.
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