Generally speaking, in Virginia, in addition to recognizing formal statutory marriages, 13 jurisdictions also recognize informal common law marriages if contracted within that state: Alabama, Colorado, Georgia (no further common law marriages may be entered into after January 1, 1997), Idaho, Iowa, Kansas, Montana, Oklahoma, Pennsylvania (until 2003), Rhode Island, South Carolina, Texas, and the District of Columbia.
A common law marriage need not be formally solemnized, but there must be evidence of a present intent and agreement to enter into a matrimonial relationship, which may be inferred through cohabitation and community repute as husband and wife. Thus, common law marriages are as valid as formal statutory marriages in those jurisdictions where common law marriages are recognized.
Virginia will not recognize common law marriages if contracted in Virginia. However, most jurisdictions, including Virginia, that do not recognize common law marriages if contracted within their own state will nevertheless recognize common law marriages if contracted in one of the 13 common law jurisdictions.
As usual, every law has exceptions. Consult with a Charlottesville attorney to get the full scoop.
Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
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