Common Law Marriage

Generally speaking, in Virginia, in addition to recognizing formal statutory marriages, 13 jurisdictions also recognize informal common law marriages if contracted within that state: Alabama, Colorado, Georgia (no further common law marriages may be entered into after January 1, 1997), Idaho, Iowa, Kansas, Montana, Oklahoma, Pennsylvania (until 2003), Rhode Island, South Carolina, Texas, and the District of Columbia.

A common law marriage need not be formally solemnized, but there must be evidence of a present intent and agreement to enter into a matrimonial relationship, which may be inferred through cohabitation and community repute as husband and wife. Thus, common law marriages are as valid as formal statutory marriages in those jurisdictions where common law marriages are recognized.

Virginia will not recognize common law marriages if contracted in Virginia. However, most jurisdictions, including Virginia, that do not recognize common law marriages if contracted within their own state will nevertheless recognize common law marriages if contracted in one of the 13 common law jurisdictions.

As usual, every law has exceptions.  Consult with a Charlottesville attorney to get the full scoop.

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Homicide Crimes in Virginia

Generally speaking, in Virginia, there are five basic homicide crimes in Virginia: capital murder; first degree murder which includes some felony murders; second degree murder which includes other felony murders; voluntary manslaughter; and involuntary manslaughter. All of the capital murders require proof of premeditation plus proof of another specified element. The first degree murders are of three kinds: by an enumerated means, premeditated and in the course of specific serious felonies. Malicious, unprovoked killings are second degree murders, as are killings in the course of felonies other than those sufficient for first-degree felony murder. Voluntary manslaughter is provoked intentional killing. Involuntary manslaughter can occur in the reckless doing of a lawful act or in the doing of an unlawful, but non-felonious act.

As usual, every law has exceptions.  Consult with a Charlottesville attorney to get the full scoop.

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Battery (Continued)

Generally speaking, in Virginia, the second definition is the better one because it permits clearer analysis. It is clear that an accidental, non-reckless touching is not a battery; it is also clear that an intentional touching which was not justified or excused is a battery. The phrase "wilful or unlawful" should be understood to mean first, that the actor had a sufficiently evil mental state, and second, that no justification or excuse existed.

As usual, every law has exceptions.  Consult with a Charlottesville attorney to get the full scoop.

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Battery

Generally speaking, Virginia cases define a battery as the least touching of another, willfully or in anger; this includes touching done in a spirit of rudeness or insult. Another definition is "the wilful or unlawful touching of the person of another by the assailant, or by some object set in motion by him." Whether a touching is a battery depends upon the intent (i.e., mental state) of the actor rather than the amount of force applied.

As usual, every law has exceptions.  Consult with a Charlottesville attorney for the full scoop.

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Statutory Marriage Requirements (Continued)

Generally speaking, In Virginia, the statutory requirements for a marriage in Virginia are mandatory, rather than directory, and therefore require strict compliance. Thus, Virginia does not follow the majority view, found in most states, that marriage requirements are directory and require only substantial compliance to constitute a valid marriage.

As usual, every law has exceptions.  Consult with a Charlottesville lawyer to get the full scoop.

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Statutory Marriage Requirements

Generally speaking, in Virginia, a continuing debate is whether marriage is a status or a contract. The prevailing view, Virginia accord, is that marriage is a status with contract implications, and therefore it may be validly regulated by the state.

As usual, every law has exceptions.  Consult with a Charlottesville attorney to get the full scoop.

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/