If you are trying to determine how to dissolve a common law marriage in California, you may benefit from the help of a Glendale divorce lawyer. Not only can they explain whether or not the Golden State recognizes common law marriages, but they can also help you sort through the legal repercussions and protocols should you decide to end the relationship.
Choose the Khalaf Law Group
Before hiring a Glendale divorce lawyer, there are a few things you may benefit from learning about regarding common law marriage in California, including how property division works, whether or not your long-term relationship will be recognized as a marriage, and how hiring the right lawyer for your case can help you get the answers and results that you want.
For well over a decade, the Khalaf Law Group has served the families of California, helping them bring about a future that fits their unique needs and treating them with the compassion and respect they deserve. Come discover how we can help you do the same.
An Overview of Common Law Marriages in California
In 2022, California had one of the lowest divorce rates in the United States, resting at 5.88 per 1,000 residents when the national divorce rate was 7.1 per 1,000 residents. While it may be easy to assume that this is due to a lack of official marriages, California does not recognize the creation of any new common-law marriages within the state.
In accordance with CA Fam Code § 300, the ability to create and declare a common law marriage in the state of California has been illegal since 1895. This means that you cannot be considered married simply by living together.
It does not matter how long a couple has been living together or how they have represented themselves. The only common-law marriages the state will recognize as valid are those legally established in other states.
These out-of-state common-law marriages may be permitted if the couple lived in a state that recognizes common-law marriage, such as Texas or Colorado, prior to moving to California, and they meet all additional requirements. While there may be exceptions, the California court system generally recognizes this as a valid option.
Domestic Partnerships
There is, however, still an option that California residents can pursue. While it is relatively new, the CA Senate Bill 30 permits any couple to apply for what is known as a “domestic partnership”. This label often comes with a number of benefits similar to those afforded to marriages under California law.
It should still be noted, however, that these domestic partnerships are not federally recognized, which means that couples may struggle to sponsor a non-citizen partner for citizenship, have difficulty sharing any federal employee benefits, and encounter issues accessing the protections and rights that other couples may experience outside of the state.
Finances
Since the Golden State does not recognize common-law marriages that did not occur within the state, these couples are treated under the law as two single adults with separate finances. This means that the court will not view any investments, bank accounts, or savings accounts as jointly owned.
Should anything be held jointly, it will be divided equally between the two individuals, unless there are any previously established legal agreements in place. Spousal support, or “alimony”, will not be offered to either individual, nor can they pursue it.
Property
While California does not recognize cohabitation as marriage, the same 50/50 law that applies to divorcing married couples may also apply to unmarried individuals who own substantial property together, such as a house. This means that unless the property has been legally accounted for in another way or only one person is listed as the owner, the property will be divided equally.
If your partner’s name was listed as the owner and yours was not, you will not be guaranteed any of the profits or ownership of the property, even if you were making payments. This is one of the reasons you may benefit from getting the help of a skilled lawyer.
Children
All parents, unless they have previously been told otherwise by the California court system, have an equal right and opportunity to pursue custody and visitation time with their child. You will, however, need to establish paternity, as well as submit to whatever the court rules regarding visitation rights, custodial power, and required child support plans.
FAQs
Q: How Much Does It Cost to Hire a Family Lawyer?
A: The cost of hiring a family lawyer tends to vary case by case in the state of California. This is mostly due to the impact certain variables can have on your final price, such as who you hire to represent you, the category your case falls into, the level of complexity it presents, and the time it takes to conclude.
Q: How Can I Protect My Assets Without Getting Married or Starting a Domestic Partnership in California?
A: If you are unmarried, incapable of pursuing a common law marriage in California, and have decided not to pursue a domestic partnership, you may benefit from creating and finalizing certain legal documents, such as establishing a will, trusts, and cohabitation agreements that allow you both to protect your rights and assets moving forward.
While it may not seem like you would ever want to break up, things may change, and it’s always better to be prepared and protect your property.
Q: Are You Able to Represent Yourself in Your Domestic Partnership Case in California?
A: Yes, it is legal for an individual to represent themself in their domestic partnership case while living in California, but many individuals have found that having a family lawyer around to help with a case can improve the overall experience, as well as increase the likelihood of achieving one’s desired outcomes.
Q: How Long Will My Family Law Case Take to Resolve?
A: Similar to the cost of hiring a family lawyer, the amount of time needed to finalize a family law case can vary depending on the influence of outside factors. Some examples of these factors include the type of case you are handling, whether you have legal representation, the complexity of your case, and the schedule of your local courthouse.
Hire a Family Lawyer
Choosing to hire a family lawyer can make a huge difference in your case. Contact the Khalaf Law Group today to schedule a consultation and discover how we can help you build a future that better fits your family’s needs.
