What is Common Law Marriage?
Common law marriage is a legally recognized form of marriage where a couple lives together and presents themselves as a married couple without having a formal marriage ceremony or obtaining a marriage license. This type of union can often be misunderstood, especially regarding its recognition and implications in different states.
Virginia’s Stance on Common Law Marriage
Does Virginia Recognize Common Law Marriage?
Virginia does not allow the creation of common law marriages within the state. This means that simply living together for a period of time and acting as a husband and wife does not grant you the legal status of being married. However, Virginia does recognize common law marriages that were validly established in other states or countries where such unions are legally acknowledged. So, if you lived together with your spouse in a common law state (Colorado, D.C., Iowa, Kansas, Montana, Oklahome, Rhode Island, Texas before moving to Virginia, you may have a common law marriage recognized in Virginia.
How Common Law Marriage is Treated in Virginia
While you cannot create a common law marriage in Virginia, the state will recognize a common law marriage from another jurisdiction if the legal requirements of that jurisdiction were met. This recognition means that couples with a common law marriage from another state can seek a legal divorce in Virginia, just as if they had a traditional marriage.
Implications of Common Law Marriage in Virginia
Legal Rights and Responsibilities
If Virginia recognizes your common law marriage from another state, you will have the same rights and obligations as any other married couple. This includes:
- Property Rights: Marital property will be subject to equitable distribution during a divorce.
- Inheritance Rights: Spouses have the right to inherit from each other.
- Spousal Support: A dependent spouse may be entitled to alimony.
- Health Insurance: Spouses can receive health insurance benefits through their partner’s employer.
- Parental Rights: Rights to child custody and visitation are the same as in a traditional marriage.
- Tax Benefits: Married couples can file joint tax returns.
- Liability for Debts: Spouses may be liable for each other’s debts incurred during the marriage.
Ending a Common Law Marriage in Virginia
To dissolve a recognized common law marriage in Virginia, couples must go through the formal divorce process. This process involves:
- Filing for Divorce: Submitting a petition to the court.
- Residency Requirements: At least one spouse must be a resident of Virginia for six months before filing.
- Grounds for Divorce: Grounds can be fault-based, such as adultery or cruelty, or no-fault, such as living separately for a certain period.
The Divorce Process
Filing for Divorce
When filing for a Virginia divorce, couples must provide evidence of their common law marriage. This evidence might include proof of living together, sharing finances, and presenting themselves as a married couple.
Property Division and Support
The court will address issues such as property division, spousal support, and child support during the divorce process. It’s essential to have clear records of joint finances and property ownership to protect each spouse’s interests.
Child Custody and Visitation
In cases involving children, the court will determine child custody and visitation arrangements. A guardian ad litem may be appointed to represent the child’s best interests during the proceedings.
Protecting Your Rights
Consulting Family Law Attorneys
Given the complexity of common law marriage and its recognition in Virginia, consulting experienced family law attorneys is crucial. They can provide guidance on protecting your rights and navigating the legal process effectively.
Separation Agreements and Prenuptial Agreements
To safeguard your interests, consider drafting a separation agreement outlining how property and debts will be divided in case of a breakup. Additionally, prenuptial agreements can be beneficial even for couples in a common law marriage, specifying terms of property division and spousal support.
Planning for the Future
Couples in a common law marriage should discuss long-term plans, including whether to formalize their relationship through a legal marriage or civil union. This planning helps avoid future legal disputes and ensures both partners are on the same page.
Do you need to dissolve your marriage?
Virginia common law marriages are not currently recognized. However, recognizing the state’s legal requirements and how it treats such unions from other jurisdictions is important.
If you are in a common law marriage and considering a divorce or need legal advice, consulting with a knowledgeable Virginia Family Law attorney is essential to protect your rights and interests. By taking proactive steps, such as establishing clear agreements and keeping thorough records, you can navigate the complexities of common law marriage and ensure a smoother legal process.
