Common Law Marriage Law

Common Law Marriage Family Law Lawyer

Common Law Marriage Law:

A common law marriage is a union between two people who consider themselves married, but have not had an official ceremony or signed a marriage license or any legal documentation. There are certain requirements a couple must meet to have a common law marriage. Those requirements are:

  • The couple must live in a state that accepts common law marriages
  • The couple must acknowledge each other as spouses, and/or one partner should take the other's last name
  • The couple must file joint tax returns
  • The couple plans to marry in the future
  • Usually, it is also required that the couple has lived together for a significant amount of time

However, it is important to note that California is a state that does NOT recognize common law marriages. Therefore, it is not possible to have a common law marriage in California, unless the couple moves here from a state that does recognize common law marriage.

Legal Consequences of Common Law Marriage:

If a couple living in California has a common law marriage from another state and wishes to "divorce" or separate, the separation of assets may become complicated quickly. Only in certain cases will the partners be eligible for division of property or financial support ordered by a court. Similarly, a couple that has lived together for an extended period of time may try to receive the same legal support as a married couple would receive in going through a divorce or legal separation. The state of California may or may not grant such rights, as it depends on the unique situation of each individual couple.

What a Family Law Lawyer can do for you:

A family law lawyer can help you understand the legalities and regulations involved with a common law marriage. If you believe you are entitled to a common law marriage because the union was recognized in the state from which you come, contact an attorney to help you with your situation. An experienced attorney can assist a non-legally married couple that is separating to properly deal with the state when trying to divide assets or receive financial support (called palimony).

Lawyer Referral Service:

Contact Attorney Search Network today if you have questions regarding Common Law Marriage. We can help you find a family lawyer to help you with your unique situation.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your family law lawyer referral.

If you have any questions about the information provided above, please contact Attorney Search Network.