Common Law Marriage in Virginia
State-specific overview · Family Law
Virginia does not recognize common law marriage, even if the couple meets all traditional requirements.
How Virginia treats Common Law Marriage
Virginia abolished common law marriage effective January 1, 1977. Couples cannot create a valid marriage through cohabitation and mutual agreement alone, regardless of how long they live together or what they tell others. A formal marriage license and ceremony (or authorized solemnization) are required. Virginia will recognize common law marriages validly created in other states before that state abolished the practice.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.