Virginia Common Law Marriage FAQs

In Virginia, common law marriage is not recognized as a legal union. However, the state recognizes common law marriages that were initiated before 1957. Common law marriage refers to a relationship where two unmarried people live together in a manner that imitates a married couple. There are many questions regarding common law marriage in Virginia. Here are some frequently asked questions and their answers.

What is Common Law Marriage?

Common law marriage is a type of marriage where two individuals have lived together as a married couple, despite not going through any formal ceremony or obtaining a marriage license. Common law marriage is also known as informal marriage, marriage by habit and repute, or marriage in fact.

Is Common Law Marriage Recognized in Virginia?

Common law marriage is not recognized in Virginia if it was initiated after January 1st, 1957. However, the state recognizes common law marriages that were initiated before this date.

What are the Requirements for Common Law Marriage in Virginia?

To be recognized as having a common law marriage in Virginia, certain criteria need to be met. The requirements to establish a common law marriage in Virginia include:

• Both individuals must be at least 18 years old;
• The couple must live together with the intention of being married;
• The couple must present themselves to the community as married;
• The couple must carry out their lives as if they are a married couple;
• The couple must have the capacity to understand the nature of a marriage relationship and the obligation that comes with it.

How Do You Prove a Common Law Marriage in Virginia?

If a couple has a common law marriage that was established before 1957, it will be recognized as valid in Virginia. If a couple is claiming that they have a common law marriage that was established before 1957, the burden of proof lies on them. They must provide evidence that proves they had a common law marriage. Evidence to support a common law marriage claim may include:

• joint tax returns;
• joint bank accounts;
• leases or rental agreements with both names on them;
• joint health or life insurance policies;
• testaments to the public that the couple is married;
• eyewitness testimonies that the couple is married.

It is also worth noting that Virginia law does not permit common law divorce. The couple must go through regular divorce proceedings to end the marriage.

Can You Seek Spousal Support in a Common Law Marriage in Virginia?

In Virginia, spousal support may be awarded if a person was in a common law marriage before January 1st, 1957. The spouse must prove that the common law marriage meets the criteria for a valid marriage, as set out by Virginia law.

What is the Difference Between Common Law Marriage and a Domestic Partnership in Virginia?

A domestic partnership is a relationship between two people who live together and share a domestic life but are not married. Domestic partnerships have been recognized in Virginia,

While there is no formal recognition for domestic partnerships in Virginia, two individuals living in a domestic partnership can create legal agreements to govern their relationship. A domestic partnership may create inheritance rights, medical decision making, and other arrangements that would otherwise only be possible in marriage.

Conclusion

Common law marriage is not recognized in Virginia if it was initiated after January 1st, 1957. However, for couples who established their relationship as a common law marriage before this date, it will be recognized as valid in Virginia.

To ensure your rights are protected, it is essential to contact a family law attorney if you are facing a legal issue with a common law marriage or domestic partnership. A family law attorney can help you navigate the nuances of Virginia law and ensure your legal rights are protected.