Common law marriage in Virginia is not recognized, meaning couples are not considered legally married without an official wedding and a marriage license.
Common-law marriage recognition varies significantly across states in the United States. While Virginia does not recognize common-law marriages formed within its borders, it does acknowledge those established in other jurisdictions where such unions are legally recognized.
However, the recognition of common-law marriages from other states does not imply automatic validation in Virginia. Individuals in recognized common-law marriages from other states must follow specific procedures to dissolve their union before entering into a formal marriage within Virginia’s legal framework.
This distinction highlights the importance of understanding the intricacies of marriage laws when relocating or considering marriage across state lines.
What Is A Common-Law State?
A common law state is a locality that allows common-law marriage. In these states, couples who pass a set of criteria are considered married, even without a marriage ceremony or a valid marriage license.
To be considered a union under common law marriage, a couple must:
- Live together for a minimum number of years in a state where common-law marriages are legal
- Recognize their marital status through actions that signify that they consider themselves married, such as introducing themselves as married or filing for joint bank accounts
- Be of sound body and mind, and be of legal age
- Not be married to someone else
Couples married under common-law receive the same spousal benefits as traditionally married couples. These include social security benefits, marital tax exemptions, guardianship, inheritance of properties, and more.
Which States Recognize Common Law Marriages?
Common-law marriage dates back to early American colonies. Since then, many states no longer recognize common-law marriages as legal. However, 10 states, plus the District of Columbia, continue to acknowledge common-law marriages. The states are:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
Among these states, Colorado, Iowa, Rhode Island, and the District of Columbia allow same-sex common-law marriages. Additionally, Alabama, Georgia, Idaho, Ohio, and Pennsylvania also recognize common-law marriages that have met the requirements before a specified date. For example, Alabama recognizes common-law marriages made before 2017.
How Does Virginia Treat Common Law Marriages?
As mentioned, Virginia is not a common-law state. It does not recognize common-law marriages. It does not grant marital rights and responsibilities to couples who have not formalized their marriage in ceremony and paper—no matter how long they have cohabitated or considered themselves married.
To be considered married in Virginia, a couple must be wed as witnessed and officiated by a legal authority; they must also have a signed marriage license.
However, Virginia does recognize common-law marriages created in other states as valid. That said, when a person is in a recognized common law marriage outside of Virginia wishes to be wed, the common-law marriage must be dissolved before he or she is allowed to marry in Virginia.
Marriage In The US
Common-law marriage is an outdated legal framework that many are calling to abolish in modern society. Judicial personnel, especially, hope to end the common-law practice because it often turns problematic in court.
For couples in the US, traditional marriage remains the safest way to legalize a union and receive spousal benefits. That said, marriage laws vary from state to state, so it is good practice to know the laws of the state you are in before tying the knot.