Virginia Marriage Laws and Issues

• Is a common law marriage valid in Virginia?

No, every marriage in Virginia must be under a license and solemnized in the specific manner provided by Virginia law.  

• I just discovered the divorce from my prior marriage wasn’t finalized until the day after I remarried.  What effect, if any, does that have on my current marriage?

Your current marriage is void and you have committed bigamy which is a crime in Virginia.  Virginia law prohibits a marriage entered into before the dissolution of an earlier marriage.  That means your second marriage is void, invalid and considered a bigamous marriage.  The fact that you acted in good faith believing you were divorced when you entered into your current marriage does not render your void marriage valid in Virginia.  You need to redo your current marriage to make it valid.

• What is the minimum age of marriage in Virginia?

In Virginia the minimum age at which persons may marry is 18.  However, if you are at least 16 year old you can marry if you have the consent of either your father or mother or your guardian.  If you are under 16, and the bride is pregnant, you can get validly married with permission of a parent or guardian but you must also have a doctor’s certificate confirming the pregnancy.

• My daughter is 16 and wants to get married, but her father and I are opposed to it.  Can she go ahead and get married in Virginia?

No.  The Commonwealth of Virginia will not issue a marriage license to anyone under the age of 18 who does not have the consent of his/her parent or guardian. 

• I have lived here in Virginia with the same man for the last 15 years.  I refer to him as my husband and he refers to me as his wife, and we consider ourselves married for all practical purposes.  However, we never had a wedding ceremony.  Does the Commonwealth of Virginia consider us married?

No.  What you are describing is essentially a common-law marriage, which Virginia does not recognize.  In order to have a valid marriage in Virginia, there must be a valid marriage license and some sort of formal marriage ceremony.