Legal Question in Family Law in Virginia

legal marrage

I was married in the Bahamas in 1984. We are both American citizens. We have been living in Virginia as a Married Couple, but never registered, obtained a licence or re married in the U.S. Are we legally married in this state? I am told that Virginia is not a common law state. What are the implications of ''Living as Married'' given the circumstances?


Asked on 4/23/09, 10:58 am

3 Answers from Attorneys

Lisa McDevitt McDevitt Law Office

Re: legal marrage

Your marriage will be recognized in Virginia so long as your marriage in the Bahamas was valid.

You do not need to register your marriage in VA for it to be valid.

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Answered on 4/23/09, 12:09 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: legal marrage

If your Bahamian marriage was carried out in full conformance with the marriage laws of that jurisdiction, there are no particular implications at all for your particular situation.--other than what would apply to any other married couple.

In other words, your marriage should be recognized in the Commonwealth as as valid as any other and that there is no requirement that you register it or remarry, etc.

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Answered on 4/23/09, 11:04 am
Paul B. Ward Law Offices of Paul B. Ward

Re: legal marrage

The general rule in Virginia is that a marriage, valid where performed, is valid everywhere, but there are two exceptios; (1) a marriage deemed contrary to the laws of nature, such as bigamy, playgamy and incest; and (2) a marriage that is forbidden by statute as contrary to the public policy of Virginia, which at present would include same-sex marriages.

And, by the way, Virginia is a common law state; but Virginia does not recognize common law marriages, i.e. those simply formed by living together, without marriage formalities.

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Answered on 4/23/09, 11:18 am


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