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The Code of Virginia contains the laws passed by the General Assembly and signed by the Governor for the Commonwealth of Virginia. Updated July 1 to reflect the legislation passed during the previous session.
The Virginia Administrative Code contains the regulations adopted by state agencies in the Commonwealth of Virginia. There are 24 titles, each representing a subject category with agencies assigned to the appropriate title. Updated daily.
The Constitution of Virginia defines and limits the powers of state government and the basic rights of the citizens of the Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government, though it may be superseded by the United States Constitution and U.S. federal law. Updated annually after legislative session.
If you are in a long term relationship and live with your significant other, you may have at one point claimed you were married through Common Law. Or maybe someone noticed your long term relationship, and said, “After 7 years, you’ll be common law married.” But, what do these statements mean, and do they have any merit?
In fact, there are many misconceptions about common law marriage in North Carolina, and the Raleigh family law attorneys of the Doyle Law Group are here to shed some light on the subject.
Typically, Common Law Marriage is recognized as two individuals, cohabitating as a couple. They outwardly present themselves as husband and wife to the public. A marriage ceremony does not take place, yet a marriage partnership is recognized and is considered valid by the State.
This is precisely were a lot of confusion occurs. In jurisdictions that accept common law marriage, the couple STILL must present themselves as husband and wife. A couple that does not claim marriage will not be recognized as married, regardless of the length of time they have lived together.
No. North Carolina does not recognize common law marriage from its residents, even if a couple claims they are married.
State statute 51-1 states that North Carolina does not, and never has recognized common law marriage. North Carolina, as with most states, follow what is called, “Statutory Marriage.” This is defined as a recognized marriage due to its legal regulation through official legal code.
An NC couple may be recognized as Common Law Married if a Power of Attorney has been established for each other, thereby entering into a contractual relationship by the two partners. Even this can be contested and will probably require legal support to help the claim of marriage.
This is where North Carolina will most likely approve and accept a common law marriage. If you are recognized as a common law married couple in one state and relocate to NC, then the state will acknowledge the union. There are a few factors that must be met for the validity to be accepted.
These are common requirements or necessities when moving to a new state. Each state views Common Law Marriage differently. Moving to a state that does not recognize a common law marriage will require the couple to seek means to secure their status as married.
Since there is no common law divorce, you will still need to enter into the same steps for completing divorce that a Statutory Married couple will. A separation period followed by a legal divorce. Common law couples will still encounter the same scrutiny for alimony, child support, and property division as their traditional marriage counterparts.
Although common law marriage is not recognized by North Carolina, if you need to establish a power of attorney for your long term relationship or you need assistance with the NC legal system from your recognized common law marriage from another state, then contact our Raleigh Family Law Firm for support. We have the experience to guide you through the process successfully.
Our attorneys can be reached by calling 919-301-8843 or completing the contact form below.
Protecting your Privacy ~ Your privacy is our primary concern. At the Doyle Law Group, we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Contacting our law firm does not imply any form of attorney-client relationship.
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