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To: Lane3 who wrote (13552)10/24/2003 2:11:29 PM
From: Ilaine  Read Replies (1) | Respond to of 793931
 
Do you have a sense of why all the talking heads keep saying otherwise?

Because in general states do recognize the validity of a marriage which was valid in another state. For example, Virginia recognizes valid common law marriages contracted in other states, even though Virginia doesn't allow common law marriages.

But, there are some things which the Old Dominion would never agree to, e.g., incestuous marriages and bigamous marriages.

I think most talking heads are thinking about "full faith and credit", which applies to divorces. I don't think "full faith and credit" applies to marriages, I think it's comity.



To: Lane3 who wrote (13552)10/24/2003 2:22:06 PM
From: Ilaine  Respond to of 793931
 
I found a more recent (1996) Virginia case on point:

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"A marriage's validity is to be determined by the law of the state where the marriage took place, unless the result would be repugnant to Virginia public policy." Kleinfield v. Veruki, 7 Va. App. 183, 186, 372 S.E.2d 407, 409 (1988); Hager v. Hager, 3 Va. App. 415, 416, 349 S.E.2d 908, 909 (1986). "A marriage entered into prior to the dissolution of an earlier marriage of one of the parties is [bigamous, and consequently,] a void marriage in . . . Virginia." Kleinfield, 7 Va. App. at 186, 372 S.E.2d at 409 (citing Code §§ 20-38.1 and 20-45.1(a)). Bigamous marriages "confer[] no legal rights" and are "contrary to the laws of Virginia and [its] public policy." Id. at 190, 372 S.E.2d at 411. Thus, when the parties purportedly married in California, the union was bigamous and void as a matter of law. 3 See Code § 20-43.
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Kelderhaus v. Kelderhaus, 21 Va. App. 721, 725, 467 S.E.2d 303, ___ (1996)