Common-law marriage is the legal union that recognizes marriage without formal registration, e.g., through marriage licenses or Church-sanctioned ceremonies. It is an old-fashioned concept that is no longer practiced by the majority of the United States, including Virginia. This article will give you an overview of common-law marriage and help you understand if it applies to you.
Marriage vs. Common-Law Marriage
Marriage is the union of two persons by a judge, clergy, or another authorized individual. These ceremonies are performed in religious or secular environments. But for a marriage to be considered a legal union, a marriage license must be issued and recorded. In the United States, legal marriages give couples benefits such as joint taxes, guardianship rights, and more.
On the other hand, common-law marriage is a legal framework that allows a couple to be married without formal sanctions from wedding authorities. Once a couple passes specific state-defined criteria, they are considered married in the eyes of common law marriage. That means that they are given the same rights, privileges, and protections as legally married couples (though in some states, these are limited).
Why Are There Common-Law Marriages In The First Place?
Common-law marriage dates back to old English law and early American colonies. During that period, wedding officiants were hard to find; simultaneously, cohabitation and having children out of wedlock were socially unacceptable. Common-law marriage granted couples in these situations legitimacy to their relationship. It also gave them the same rights as married couples.
Common-law marriages have been abolished in most states, primarily because it is difficult for local courts to define their legitimacy. However, some states still recognize common-law marriages, namely Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah, plus the District of Columbia.
Colorado, Iowa, Rhode Island, and the District of Columbia also allow same-sex common-law marriages. Additionally, Alabama, Georgia, Idaho, Ohio, and Pennsylvania recognize common-law marriages between couples who have met the requirements before a specific date.
What Are The Requirements For Common-Law Marriage?
The criteria for a common-law marriage differ from state to state. However, there are common themes, such as:
- Cohabitation for a minimum number of years, specifically in a state where common-law marriages are legal
- The couple’s own recognition of their marital status (i.e., actions that signify that they consider themselves married, such as having the same last name or filing for joint bank accounts)
- Both persons being of sound body and mind and being of legal age
- Both persons not being married to someone else
Common-Law Marriage In Virginia
Common-law marriage is not recognized or legal in Virginia. To be legally recognized as married in Virginia, couples must be married by an authority and have a signed marriage license. Only once a couple has been legally married will they receive spousal rights and responsibilities.
That said, Virginia does recognize common-law marriages in other states as valid. For example, sometimes a couple wishes to get married in Virginia, but one of them is in a common-law marriage in another state. If this is the case, the common law marriage will need to be legally dissolved before the individual can remarry in Virginia.
Marriage Laws in the US
Marriage laws in the US differ between states. If you are currently preparing to get married or are wondering if common law marriage applies to you, research the specific laws in your state. By having a legally recognized marriage you can receive the rights, protections, and privileges granted to married couples.