Living Together Is Not Marriage
Va. Code 20-13 — every marriage under a license and solemnized
In Virginia, every marriage in the Commonwealth is under a license and solemnized in the manner the Code provides. Living together, however long, is not one of those manners.
The license. Every marriage license is issued by the clerk or deputy clerk of a circuit court, or, if neither can, by the circuit court judge.
Who may solemnize. A minister who shows the circuit court proof of ordination and regular communion, or of a pastoral commission, may be authorized by order to celebrate the rites of matrimony. Judges and justices of courts of record and district courts, and certain current and former officials, may do so without an order.
A one-time officiant. On application and payment of the clerk's fees, the circuit court clerk may authorize other persons to celebrate the rites of marriage, and may require a bond of $500. Any such order may be rescinded at any time.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together for years makes a common-law marriage | What the law actually doesEvery marriage is under a license and solemnized as the Code provides |
| The assumptionAnyone can officiate if the couple agrees | What the law actually doesMinisters and others need an order from the court or clerk, unless they are among the judges and officials named |
Property and support between unmarried partners, and a marriage validly made in another place, are not on this page. What a particular situation carries is a question for a licensed Virginia attorney.
Sources for this section (4)
- Va. Code 20-13 — License and solemnization required
- Va. Code 20-14 — By whom license to be issued
- Va. Code 20-23 — Order authorizing ministers to perform ceremony
- Va. Code 20-25 — Persons other than ministers who may perform rites
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.