Ever since same-sex marriages became legal in Virginia, the state has witnessed a spike in same-sex marriages. But while things are continuing to head in a positive direction, many prospective newlyweds don’t know the Virginia same-sex marriage requirements. Fortunately, they aren’t much different from those of opposite-sex couples.
The main requirement for same-sex marriages to be deemed legal is a marriage license. Moreover, a marriage ceremony must take place within 60 days of receiving the license. However, there are other requirements. This article will tell you what you need to know regarding same-sex marriage laws in Virginia.
Basic Requirements For Virginia Same-Sex Marriages
Like all other marriages, same-sex marriages are only valid with a marriage license. To get a legal marriage certificate, both parties must sign a document provided by the Clerk of the Circuit Court. The Virginia court will only issue the license provided one or both spouses currently reside in the state. The next step is to conduct a marriage ceremony, which should take place within 60 days of acquiring the license.
A state-appointed judge or minister must perform the ceremony. For spouses who have been married before, state law calls for a valid divorce before remarrying. Honesty is the basis of Virginia marriages. Same-sex couples are required to disclose secrets that may be cause for annulment before signing a marriage certificate. Disclosed secrets may include religious orders, parenthood, and felony convictions.
Legal Considerations
Before marrying, it is important to take into consideration other legal matters. For example, you will need to decide whether you will take on your spouse’s name. Souses are not required to make any name changes, but you will need to decide whether to take your partner’s surname, hyphenate the name, keep your maiden name, or choose an entirely new name.
When it comes to wealth, the law doesn’t tie you to your spouse’s debts. Marriage also doesn’t entitle you to your spouse’s property if it was purchased before your marriage. There is a separate legal process to add your name to your spouse’s property title. It is also important to plan ahead and to give your spouse the power of attorney. This grants them the right to make decisions on your behalf in case of an unfortunate event.
What If There Are Children Involved?
Legal parentage does also not occur automatically. As such, all legal ramifications should be thoroughly explored with an adoption lawyer. Adoption is quite common in same-sex marriages, and they are laws to safeguard the interests of all the parties involved. Upon adoption, both spouses attain the title of legal parent and are responsible for the child’s upbringing. These duties stretch from daily obligations to inheritance. The natural parents lose all legal ties to the child/children. An exception to the law only applies when one spouse adopts the child/children of the other spouse. In which case, the birthing parent remains part of the child’s life.
Conclusion
Today, same-sex marriages equate to traditional marriages in every aspect, including rights. Remember that a marriage is only rendered legal after acquiring a license and conducting a ceremony within 60 days. And if you are seeking to obtain legal rights to property and children with the marriage, there are specific legal processes in Virginia. For this reason, it is of utmost importance to acquire sufficient knowledge about the state laws before pursuing marriage. Read about same-sex marriage and divorce in Virginia.