Marriage is an important milestone in the lives of many couples. However, not all couples choose to get married through a formal ceremony or obtain marriage licenses. Some couples prefer to live together without getting legally married, which can create confusion about their rights and obligations in the eyes of the law. This is where common law marriage comes in.
Common law marriage is a type of marriage recognized by some states in the US. In this article, we will explore common law marriage in Virginia, including what it is, how it works, and what rights and obligations it entails.
What is Common Law Marriage?
Common law marriage is a marriage that is based on the couple’s actions and intentions, rather than a legal certificate or ceremony. In other words, it is a relationship that is recognized as a marriage by the state, even though the couple has not obtained a marriage license or had a formal wedding ceremony.
In Virginia, common law marriage is recognized under certain conditions. To be considered married under common law in Virginia, the following requirements must be met:
- Cohabitation: The couple must live together as husband and wife.
- Intent: Both parties must have the intent to be married. This means that they must hold themselves out as married, such as by referring to each other as spouse, filing joint tax returns, or listing each other as beneficiaries on insurance policies.
- Capacity: Both parties must have the capacity to get married. This means that they must be of legal age, not already married to someone else, and not closely related.
It is important to note that simply living together for a certain amount of time does not automatically create a common law marriage in Virginia. The three requirements listed above must be met for the relationship to be considered a common law marriage.
Rights and Obligations of Common Law Marriage in Virginia:
If the requirements for common law marriage are met in Virginia, the couple may have the same rights and obligations as couples who obtained a legal marriage certificate. This includes:
- Property Rights: Common law spouses in Virginia have the right to own property together, including real estate, bank accounts, and personal belongings. If the couple separates or one spouse dies, the property may be divided according to Virginia’s laws on marital property division.
- Inheritance Rights: Under Virginia law, common law spouses have the same inheritance rights as legally married spouses. This means that if one spouse dies without a will, the surviving spouse may be entitled to a share of the deceased spouse’s estate.
- Spousal Support: Common law spouses in Virginia may be entitled to spousal support, also known as alimony, if the relationship ends. The court will consider factors such as the length of the relationship, each spouse’s income and earning potential, and the standard of living during the relationship when determining whether spousal support is appropriate.
- Divorce: If a common law marriage is recognized in Virginia, the couple may need to go through a formal divorce process if they decide to end the relationship. This involves filing for divorce, dividing property and debts, and possibly paying spousal support.
Conclusion:
Common law marriage is a unique type of marriage that is recognized by some states in the US, including Virginia. If the requirements for common law marriage are met, couples may have the same rights and obligations as couples who obtained a legal marriage certificate. However, it is important to note that not all states recognize common law marriage, and the requirements for common law marriage vary by state.
In Virginia, couples who are considering common law marriage should understand the requirements and their rights and obligations under the law. While common law marriage may offer certain benefits, it is important to carefully consider the legal implications before deciding to pursue this type of relationship.