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Virginia State Bar Informational Brochure

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Virginia State Bar Informational Brochure Virginia State Bar … Getting a lawyer’s B. Adoption advice now may save you Legally adopted children have the same status as natural chil- Conclusion Informational Brochure dren in all aspects of the law, including support obligations and Laws affecting the rights of married people are continually great expense, conflict inheritance. The natural parents of the adopted child are no changing. If there is anything unusual about your marriage, MARRIAGE IN VIRGINIA longer considered parents and the legal ties are cut. However, or one or both of you have property that you want to keep and frustration later. when the child is adopted by a step-parent (i.e. the new spouse separate or preserve for your children, getting a lawyer’s Prepared by the Family Law Section of one of the parents), the child so adopted is still entitled to advice now may save you great expense, conflict and inherit from the estate of the natural parent whose relationship frustration later. Marriage is the most significant legal human is not terminated as part of the adoption process. Adoption relationship. It carries with it rights, benefits, responsibilities J. Buying a Home is not a step to be taken lightly. All of the legal ramifications and consequences and is still the basis for families in Virginia. Part of the Family Law Series of Resources Before you buy real estate, have a lawyer draw up or review as well as the procedures should be discussed with the lawyer • Children and Divorce • Divorce in Virginia your sales contract for the house and examine the title to the handling the adoption. • Financial Issues in Divorce • Marriage in Virginia property. Your sales contract, not your deed, determines your • Spare the Child brochure and video legal obligations in a real estate transaction. Only a lawyer is 6. Domestic violence competent to look out for your interests in this area. The lawyer Spouses used to be only rarely prosecuted and immune from civil is in a better position to help you avoid problems if you contact lawsuits for most things they did to each other. This is no longer him or her before signing the contract. the case, and marriage is not a shelter for poor treatment of each Marriage is the most significant legally other. Rape (intercourse without consent) is a felony, even if it is Public Information Brochures recognized and sanctioned human If a married couple purchases a home or other real estate with your spouse. Physically attacking your spouse is also a crime The Virginia State Bar, an administrative agency of the Supreme Court of Virginia, publishes relationship. It carries with it numerous together, they usually purchase it as “tenants by the entirety,” and leads to arrest and prosecution. which means that if one of them dies, the other automati- brochures on law-related issues as part of its rights and responsibilities. Seldom do cally becomes the owner of the whole property, and it is not 7. Adultery mission to advance the availability and quality of people consult a lawyer prior to marriage, subjected to estate taxes or the probate process at that point. If When you are married it is a violation of criminal law to have legal services provided to the people of Virginia. These brochures are not offered as and do not probably because a marriage is entered a “tenant by the entirety” becomes individually indebted, and sexual intercourse voluntarily with anyone but your spouse. This is constitute legal advice or legal opinions and into on the basis of love and faith in the spouse doesn’t co-sign the loan, the property is free from the called “adultery.” Even when adultery is not prosecuted as a crime, do not create an attorney-client relationship. claims of those creditors. it is grounds for divorce, and, in some cases, can affect an award Brochures may be downloaded at vsb.org/site/ each other, not on the basis of skillfully of spousal support, the division of property and apportionment of publications/publications-home negotiated and drafted legal documents. K. Record Keeping attorney’s fees and court costs. As soon as you get married, you should begin keeping Marriage does, however, have many legal an accurate record of your financial affairs. If you have a 8. What about living together? consequences, as well as benefits, that a checking account, be sure to retain your canceled checks No duties arise from cohabitation unless by an express agreement, because they act as valuable receipts for tax purposes and either informal or written. Unmarried couples may enforce these couple should consider. if any question should ever arise about the payment of a bill. agreements that express an understanding in the relationship This brochure discusses the legalities Valuable documents such as insurance policies, your marriage regarding support or finances on the basis of contract principles. of marriage in Virginia, including certificate, deeds, contracts, your birth certificate and those of An important consideration for people considering living together name change, debt, property rights, your children should be stored in a safe place. In the event of a is the custody of children. If a child’s other parent objects to the divorce, both of you will need all these documents. living situation in the household, he or she may persuade a court insurance, powers of attorney, and 5. Legal effects of marriage on children to change the child’s custody or parenting time accordingly. Par- support obligations. It is published A. Legitimacy and Illegitimacy ents have a duty to act in their child’s best interests in all situations. by the Virginia State Bar, the official Any child born while the mother is married is legitimate, even Cohabitation outside of marriage may present inappropriate ©2019 Virginia State Bar organization of lawyers in Virginia, if conceived before the marriage or by a third party. Also, the situations for children. In such cases, a court will act in the best 1111 East Main Street, Suite 700 interests of the child in any time sharing or custody modification. Richmond, Virginia 23219-0026 through its Family Law Section. Its child becomes legitimate if the child’s parents marry each other 804-775-0500 after the birth. Children are also legitimate even if born of a Courts in Virginia still view marriage as being in the best interests purpose is to provide the public with of the children. Telecommunication Device for the Deaf/TDD marriage that is illegal (such as a bigamous marriage) or a (Hearing-Impaired Only): 804-775-0502 answers to some questions about marriage that is dissolved or annulled. Whether or not a child is Support considerations may change upon cohabitation outside www.vsb.org the law in Virginia with respect to legitimate has fewer consequences under the law than in years of marriage. A court may modify, terminate or refuse to grant marriage and related areas. past. In any case, a parent has a legal duty to provide support spousal support in such cases. Marriage, on the other hand, for his or her children. legally secures spousal obligations and support. updated 10/2019 Marriage in Virginia 4. What are the legal considerations the judge will divide the debts between the spouses, not always estate planning. It is not how much you have but where you in marriage? equally. Sometimes this will include some debts that are only in want your property to pass upon your death that is important. 1. What is required for a valid marriage one spouse’s name. Proper estate planning helps protect your family from unneces- in Virginia? A. Name Change sary financial hardships that might occur after your death. Upon marriage, you may change your last name to your D. Insurance • You must have a valid marriage license at the time the ceremo- In most instances, you cannot disinherit your spouse without ny is performed. To obtain one, you and your fiancé must sign spouse’s, but you are not legally required to do so. You may All insurance companies that may be affected by your change also use a hyphenated surname after marriage. However, if your spouse’s consent, for example, through a waiver in a an application issued by the Clerk of the Circuit Court of the in status should be notified immediately. In addition, consider prenuptial, marital, or property settlement agreement. If you die city or county where either of you usually lives, and pay the you change your name and records and later want to resume changing the beneficiaries of your life insurance policies. an earlier name, you must petition the circuit court of the city or without a will, your entire estate will pass to your spouse under applicable license tax at the time the license is issued. Automobile insurance rates may change favorably for you, and Virginia law unless you have children by a previous marriage. county where you live for a legal name change. You may also both spouses can be named as insured on the same policy. • After you have obtained a valid marriage license, your resume use of your former name as part of a divorce proceeding. If both you and your spouse die without a will, your underage marriage ceremony must be performed within 60 days of the Combining hospitalization coverage can also save money, espe- children’s share of your estate could be tied up in guardianship date your license is issued. A qualified minister, any judge, or a In order to keep records straight, any name change should cially if one of you is covered by a group policy. An insurance and might not be readily available for support and education.
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