“Common law” is when a couple has lived together and held themselves to the public as married for a long-enough period of time that the court recognizes the marriage, regardless of a ceremony.
No, California does not recognize “common law marriage.” Even though California does not have common law marriages, unmarried couples who have been together for an extended period of time do still have some rights.
At Stolar Law Group, we can help you protect those rights and provide you with straightforward advice regarding your situation.
Spending a significant portion of your life with someone, and maybe even starting a family with them, can certainly make you feel like you are married. For the same reason, deciding to end your relationship with that person can also feel like you are getting divorced from them. As mentioned, though, California does not have a family law that recognizes common law marriage, so it also has no common law divorce.
However, when you are breaking up with your significant other, you could encounter legal issues that are similar to those that can come up in a divorce. It depends on the details of your relationship and how official you are looking to make your separation.
When leaving a significant other of many years, you might have questions involving your:
California’s domestic violence laws do not limit acts of domestic violence to just incidents between married couples. Instead, domestic violence can be carried out by a perpetrator against someone they have a close or family relationship with, including cohabitants of the same residence. Under this broader definition, domestic violence can be an issue concerning unmarried couples.
An unmarried person can file for a restraining order against their partner on accusations of domestic violence, just as if they were two married spouses. The restraining order will usually begin as a temporary order to keep the two parties separated, halt direct communication attempts, and make early decisions about how to handle child custody if applicable. A court date should be set soon to decide if the order should be modified, made permanent, or removed.
Stolar Law Group of Los Angeles can help you understand your rights in a domestic violence situation as half of an unmarried couple. We are ready to help protect you from further harm as the person reporting the abuse or shield your rights if you think you were wrongly accused of domestic abuse. California does not have any common marriage laws to set clear guidelines in these situations, so we highly advise you to let our team lead the way.
It may be possible to be seen as married by California courts if you lived as a couple in another state that recognizes common law marriage.
For recognition of your common law marriage in California, you and your partner must have met the other state’s criteria for common law marriage. These laws vary from state to state, so it is important to work with an attorney who can help you determine if you meet the criteria. In general, most states require that you hold yourselves out as married, such as filing joint tax returns and using the same last name.
What States Have Common Law Marriage?
The following states recognize common law marriage:
Because every situation is unique, our lawyers can assess your situation and help you understand your legal rights and options after a separation. We also welcome calls from out-of-state individuals who are facing legal proceedings in California.
CONTACT OUR FIRM TO LEARN MORE ABOUT YOUR LEGAL RIGHTS IN CALIFORNIA.
If you are ready to find out how a Los Angeles family law lawyer from Stolar Law Group can assist you, please call our office at (424) 421-0009 to schedule an initial consultation. We have been helping clients throughout Southern California for decades, and now we’re ready to help you.
