Common law marriage is a type of marriage that is created without a formal ceremony or license. It is based on the idea that two people can become married by living together as husband and wife and holding themselves out to the public as married.
Does Virginia Recognize Common Law Marriage?
No, Virginia does not recognize common law marriage. This means that simply living together in Virginia does not create a legal marriage. In order to be legally married in Virginia, you must obtain a marriage license and have a formal ceremony performed by a qualified officiant.
What if I Entered into a Common Law Marriage in Another State?
If you entered into a common law marriage in another state that recognizes common law marriage, your marriage may be recognized in Virginia. However, there are a few things to keep in mind:
- Your marriage must have been valid in the state where you entered into it. This means that you must have met all of the legal requirements for common law marriage in that state.
- You must still be able to prove that you have a common law marriage. This can be done by providing evidence that you and your partner have lived together as husband and wife and held yourselves out to the public as married.
How Do I Prove That I Have a Common Law Marriage?
If you need to prove that you have a common law marriage, you can provide the following evidence:
- Joint tax returns
- Joint bank accounts
- Joint property ownership
- Insurance policies that name your partner as your spouse
- Wills and trusts that name your partner as your spouse
- Affidavits from friends and family who can attest to your marital relationship
What are the Benefits of Common Law Marriage?
There are some potential benefits to common law marriage, including:
- You may be eligible for certain government benefits, such as Social Security survivor benefits.
- You may be able to inherit your partner's property without going through probate.
- You may be able to make medical decisions on your partner's behalf if they are incapacitated.
What are the Drawbacks of Common Law Marriage?
There are also some potential drawbacks to common law marriage, including:
- It can be difficult to prove that you have a common law marriage.
- You may not be eligible for all of the same benefits as couples who are legally married.
- If you separate from your partner, you may have difficulty dividing your assets and debts.
Conclusion
Common law marriage is a complex issue, and it is important to understand the laws of the state in which you live. If you are considering entering into a common law marriage, it is a good idea to consult with an attorney to discuss your rights and obligations.
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