Virginia Common Law Marriage

What is Common Law Marriage in Virginia?

Common-law marriage in Virginia is an unofficial marital union between two people. Conventional marriages require that the intending partners register their marriage through official channels and possibly conduct a traditional marriage ceremony. Common-law marriage couples skip the solemnization process altogether. Couples may opt for a common law marriage if they find the conventional marriage process to be too complicated and cumbersome. Couples could also opt for a common-law marriage to save cost because traditional marriage ceremonies can be expensive. Other advantages of common law marriages include:

Ease of process
It saves cost
It comes with similar benefits as regular marriages

Most of the downsides to a common-law marriage typically stem from the fact that such a union does not carry proper documentation. These cons include:

Difficulty proving that the marriage exists
Inability to make claims if there is a divorce or if a partner dies

Does Virginia Recognize Common Law Marriage?

Virginia does not recognize common-law marriages. To be considered married in Virginia, a couple must obtain a marriage license and perform a ceremony. A judge, a qualified minister, or any individual authorized by the court to do so, must be in charge of conducting the solemnization ceremony.

Although Virginia does not allow common-law marriages, a couple legally married by common law in another state has legal marriage rights in Virginia. As long as a couple established their union in a jurisdiction that allows common-law marriages, any other place they visit in the country would respect their marriage. Aside from common-law marriages, other forms of civil unions exist, including reciprocal beneficiaries and domestic partnerships, all of which Virginia does not permit.

What Are the Requirements for a Common Law Marriage in Virginia?

Virginia does not recognize common-law marriages. The state only considers couples with a marriage license as married. However, the state acknowledges common-law marriages legally established in other states, such as Texas, Iowa, Hawaii, The District of Columbia, Kansas, Utah, and Colorado. The requirements for a common-law marriage are generally the same across the various states that allow such unions. These requirements include:

Intending partners must be at least 18years of age
Partners must have lived together for some time which might vary between states
The couple must hold themselves out to be married
There must be mutual consent and understanding

How Many Years Do You Have to Live Together for Common Law Marriage in Virginia?

Common-law marriages are not allowed in Virginia. Regardless of the amount of time two people have spent together living as a couple, the state only recognizes conventional marriages with a license. The duration of time in which a couple must live together to establish a common-law marriage varies among states. This period ranges from days to years, depending on the state in question.

What Does It Mean to Be Legally Free to Marry in Virginia?

Not everyone in Virginia has legal freedom to marry. To be free to marry in Virginia, the individuals involved must be of legal age to marry. Also, anyone is free to marry a partner of their choosing if none of the parties are in another marriage. Virginia does not allow marriages between blood relatives and same-sex partners. The state did not recognize the union of same-sex partners even if they were legally married in other states until 2015. A ruling by the United States Supreme Court in 2015 offers same-sex marriage recognition nationwide. By the constitution, Virginia would respect same-sex unions that are legal from other states. However, same-sex couples cannot marry in the state.

What is Intent to Marry in Virginia?

An intent to marry is a proclamation by intending partners, indicating that they understand and have chosen to be married. Some states require intent to marry in writing as a prerequisite for marriage, but Virginia does not require this. At the federal level, an intent to marry is mandatory for immigrants who want to secure a U.S visa by marriage.

What Is an Informal Marriage in Virginia?

An informal marriage is the same as a common-law marriage in Virginia. An informal marriage is an unofficial union between two people who hold themselves out as married. Among states that allow such unions, Texas is the only state that officially terms this type of union as an informal marriage. Other states call it a common-law marriage. Virginia does not permit informal marriages.

How Do You Prove Common Law Marriage in Virginia?

The ideal way to prove a common law marriage in Virginia is a legal document signed by both parties. Though Virginia does not recognize common-law marriages, the state allows common-law marriages validated in other states. Proving the existence of a common-law marriage can be difficult considering that it is most informal. Aside from the testimony of partners, couples can prove such marriages by providing certain supporting documents. Some of these documents that can aid marriage validation include:

Change of name document, showing that a partner took the other’s name
Documents showing joint leases
A birth certificate naming the partners as parents of a child
Papers that prove that the partners jointly finance mortgages, Loans, and promissory notes
Proof that the partners share expenses in the same household
Documents proving the couple share a residence
Affidavits from relatives and friends attesting to the existence of the union.
Social security naming the other partner as a beneficiary
Insurance policies naming the partners as joint beneficiaries
Mortgages and loans, specifying the couple as joint financiers.
Joint bank account documents
Documents evidencing joint tax

Having the above documents would make it easier to prove that a common-law union exists between two people. Supporting documents come in handy if there is a dispute, divorce, or death of a partner. As long as a couple in Virginia can prove that their common-law marriage exists in a different jurisdiction, the state will regard the couple as legally married partners. Proving common-law marriages are legal in other states would entitle the couple to all marital benefits in Virginia.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove Common Law Marriage in Virginia After Death?

A widowed partner can prove a common law marriage by providing supporting documents, along with testimonies from relatives of the deceased. For a widowed partner to be able to make legal claims, the individual must be able to prove that the marriage existed. Proving such common-law marriages can be difficult since the deceased can not provide testimony. It generally helps if the late partner had a will, naming the partner as beneficiary. It is important to note that common law marriage must be established outside of Virginia, as Virginia does not recognize informal unions.

Third-party websites may provide a convenient solution to obtaining marriage-related public records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses (include first, middle, and last names)
The date the marriage occurred (month, date, and year)
The location where the marriage occurred (city and county)

Do Common Law Marriages Require a Divorce?

Common law marriages require a divorce if the couple chooses to separate legally in Virginia. A common law married person in another state must get a divorce before marrying someone else in Virginia. Although Virginia does not permit informal unions, it allows the dissolution of common-law marriages established in other jurisdictions. Getting a divorce from a common-law marriage follows the same process as getting a conventional divorce.

Does a Common-Law Wife Have Rights in Virginia?

A common-law wife has no marital rights in Virginia. As long as individuals are not legally married, they do not have any marriage rights. If the couple decides to part ways, the wife has no right to any property, except those legally co-owned. If the partners in a common-law marriage have a signed written agreement, then both parties have rights to the items outlined in the said agreement.

Like traditionally married couples, Virginia accords full marital rights to common-law couples, including child custody and property rights, provided the partner established the union legally outside the state.

Can a Common Law Wife Collect Social Security in Virginia?

In Virginia, any common-law partner can access social security benefits as long as the common law marriage came into existence legally. Conventionally married wives can collect social security benefits, and similarly, informal wives can access social security benefits.

Common-law couples must fulfill the requirements laid out by the Social Security Administration (SSA) to enjoy the benefits of social security. These requirements include completing a Statement of Marital Relationship Form and having a blood relative provide a statement regarding marriage. The SSA uses the information it receives from the couple and the family to check if the marriage is credible. After an assessment, qualified couples would receive approval for social security. Some of the information couples provide during the assessment include:

How long the individuals have lived together as partners
Who is the wage earner for the security
Social security number
If there are any children born from the union
State and town where the partners lived together as a couple
The month and year when the couple began living as husband and wife
Any form of a marriage agreement
If neither partner has taken the name of the other
If the couple agreed on how long they would live together
If there are any joint tax returns or bank accounts
If the couple introduced themselves as husband and wife
A list of people who know about the relationship, including employers and neighbors
Information on previous relationships.

Are Common Law Wives Entitled to Half in Virginia?

Common-law wives in Virginia are only entitled to stipulated items in an agreement. If the couple does not have any signed agreement stating who gets what under certain circumstances, the wife is not entitled to anything. Common-law married individuals in the state have entitlement only to what they own unless there is a way to prove shared ownership.

Virginia generally employs a system of equitable distribution of assets during divorce, meaning that the court will attempt to split property fairly, not necessarily evenly. The state also acknowledges that a spouse can solely own property independent of the partner under separate property law.

It is important to note that the general rules of divorce apply to common law married couples in Virginia, as long as the marriage was outside the state.

How Do You Get a Common-Law Marriage Affidavit in Virginia?

Virginia does not permit the formation of a common-law marriage in the state, so a couple can only obtain a common-law marriage affidavit in another jurisdiction. States that recognize informal marriages have provisions for individuals to obtain a common-law marriage affidavit. Some of these states include Iowa, Texas, Utah, South Carolina, and Kansas. Common-law marriage affidavits are generally required to include the following:

The state where the couple decided to come together as husband and wife
The date the couple decided to come together as partners
That the partners are 18years of age or older
If either of the partners was previously married and if the dissolution of the said union was legal

The affidavit is typically notarized and filed with a county clerk. Some states consider the affidavit as a partnership agreement which is proof enough for marriage.

When Did Common Law Marriage End in Virginia?

Common-law marriage in Virginia ended in 1877. The state passed a law that made it illegal for unmarried couples to live together. Statute 18.2-345 of the Code of Virginia relating to lewd and lascivious cohabitation regarded informal domestic partnerships as a class 3 misdemeanor. This misdemeanor was punishable by a fine and possible jail time. However, in March 2013, the General Assembly of Virginia repealed the lewd and lascivious cohabitation law, though common law marriages remain unacceptable in Virginia.

What Is Considered Common Law Marriage in Virginia?

Common-law marriage is an informal marriage established in other states. These types of marriages are unrecognized in Virginia. When a couple opts to cohabit and hold themselves out as married without obtaining a marriage license, the union is considered a common-law marriage. The partners in common-law marriages share a domestic life hoping to enjoy similar social and economic benefits as conventionally married individuals.

It is important to note that not every county or city in the state aligns with the statewide position on domestic partnerships. For instance, the City of Alexandria allows registration of domestic partnerships, though Virginia does not recognize such civil unions. To be recognized as registered domestic partners in the city of Alexandria, Virginia, the couple must fulfill the requirements, including the following:

The couple must not be blood relatives
At least 18 years old
They must have shared a residence for at least six months
The partners are not legally married to anyone else or themselves
The couple must be in a relationship of mutual support, and they must intend to remain so
The partners must share joint responsibility for each other’s common welfare

Domestic partners can enjoy some benefits that accrue to legally married couples, such as insurance cover and social security benefits. Interested partners can also sign an affidavit for domestic partnership. This affidavit is legally binding and can be handy in proving union. Note that registering a domestic partnership formally means that the couple must dissolve the partnership legally if it comes to an end.

Does the Federal Government Recognize Virginia Common Law Marriages?

The federal government recognizes common-law marriages established in states where it is acceptable. Virginia does not permit common-law marriages. Meaning that if a couple claims to have formed an informal union in the state, the federal government will not recognize that union. However, a couple married under common law in states like Texas, Iowa, Kansas, South Carolina, and Hawaii is considered married by the Federal Government if they moved to Virginia.