Legal Question in Family Law in California

Bigamy or not

My husband and I have been seperated for over 6yrs. It is not a legal seperation. We both have gone on with our lives. He agreed to pay me child support and has with no problems. He and I both are living with other people, and I also have another child from my boyfriend. My question is I have been living with him for 5 yrs, I heard that if you are living as a married couple for 5 years or more then it is a common law marriage. So where would that leave me?

Now that I am going to go to court to end my marriage after so long?


Asked on 1/14/01, 7:54 am

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Bigamy or not

There is no such thing as a common-law marriage in California. You are still married your first husband and you have not committed bigamy.

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Answered on 1/30/01, 12:52 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Bigamy or not

California does not recognize common law marriage, and the states that do usually require 7 years of co-habitation. For assistane in your dissolution of marriage, contact me direct at (619) 222-3504.ce in dissolution,

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Answered on 1/30/01, 2:41 pm
Tracy Duell-Cazes Law Offices of Tracy Duell-Cazes

Re: Bigamy or not

California does not have common law marriages. This means you can live with him indefinitely (and do nothing more)and not be married.

You will, however, have to deal with the legal issue of paternity for your child with your new mate.

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Answered on 2/01/01, 10:54 pm


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