Common Law Marriage

Is there common law marriage in the state of Virginia? My research suggests that the short answer to this question is no. Each individual in a relationship is the sole owner of his or her effects. Any assets that are purchased collectively are if going through a separation are generally valued by the contribution each person added when acquiring the asset. Of course this only matters if you are separating and wondering if you needed an official divorce. Those who are in loving relationship may simply want to ensure it is deemed legally official for a variety of reasons.

It is of course always smart to consult with a qualified lawyer in your area. That said couples that lived as residents in Virginia for a decent length of time are unlikely viewed as married. Again, from my understanding “common law marriage” in Virginia simply does not exist. However there is potentially an exception if a couple recently moved from a state that does recognize such a marriage. The states that currently acknowledge such a marriage include AL, CO, KS, OK, PN, RI, SC, TX, and UT. The District of Columbia also acknowledges this type of union. NH looks at this primarily when dealing with an estate of deceased person. Virginia may or may not recognize this is a legally valid marriage. Thus I am uncertain if a divorce proceed is needed under these circumstances.

My suggestion is for those who want to make their relationship official is to obtain a marriage license in Virginia to ensure their union is recognized as such. This is as simple as going to civil court clerk’s office and asking for the appropriate forms; thus avoiding the expenses of an attorney. While this post provides no definitive answer to the question of the legality of common law marriages in VA, hopefully it provides guidance and insight for those who are researching the subject matter.

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