Legal Question in Family Law in Virginia

Re: Common Law Marriage between two guys

You pose a very interesting and cutting-edge question. First, Virginia will not allow you to establish a common law marriage, but DC will! The twist to your question is whether same-sex relationships can establish a common law marriage. I can tell you that VA will not do so because it does not recognize heterosexual common law marriages. However, it would be a very interesting case if you moved to DC.

Generally speaking, in the very few jurisdictions that allow for the initiation (many will respect of common law marriages entered into in jurisdictions which allow it, but will not allow you to initiate it in their jurisdiction), you both need to consider yourself married and hold yourself out to others as married. So if you do not lead others to believe that you are married you are pretty much safe!

If you have any questions give me a call at 703-968-3964 or 301-652-0663. Good luck in the meantime!