A couple cannot become legally married by living together as man and wife in California (a so-called "common law" marriage). If you want to obtain a divorce in California you must have a valid marriage. If the marriage never took place or is void, then getting a divorce in California would not be appropriate.
However, a marriage may be considered "valid" in California if it is valid under the laws of the state in which you entered into the marriage. Therefore, while California law does not recognize "common law" marriages entered into within California, a "common law" marriage recognized as valid in the place where the marriage was originally entered into may be considered a valid marriage in California and may entitle you to divorce in California.
In California, it is important to note that it may be possible to obtain compensation similar to the division of community property and "palimony" under California civil contract law. Please: If you are at all unclear about the validity of your marriage, or if you are unmarried and break up with your partner, you should consult with a qualified family law attorney to help you understand your rights and to explain just how California law would apply in your situation. This is particularly important if you and your long term partner had children as a result of your long-standing relationship together. If you are in need of legal advice, please feel free to contact our office at (323) 655-2105. One of our California licensed family law attorneys will be happy to discuss your legal matter with you.
However, a marriage may be considered "valid" in California if it is valid under the laws of the state in which you entered into the marriage. Therefore, while California law does not recognize "common law" marriages entered into within California, a "common law" marriage recognized as valid in the place where the marriage was originally entered into may be considered a valid marriage in California and may entitle you to divorce in California.
In California, it is important to note that it may be possible to obtain compensation similar to the division of community property and "palimony" under California civil contract law. Please: If you are at all unclear about the validity of your marriage, or if you are unmarried and break up with your partner, you should consult with a qualified family law attorney to help you understand your rights and to explain just how California law would apply in your situation. This is particularly important if you and your long term partner had children as a result of your long-standing relationship together. If you are in need of legal advice, please feel free to contact our office at (323) 655-2105. One of our California licensed family law attorneys will be happy to discuss your legal matter with you.
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ReplyDeleteFamily law is an area of the law that deals with family-related to maintain the matters of any family to retain harmony and peace issues and domestic relations including: the nature of marriage, civil unions, and domestic partnerships; issues arising throughout marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support and alimony awards); paternity fraud and testing
and juvenile adjudication.
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