Legal Question in Family Law in California
Divorce
If you are in a common-law marriage do you have to get divorce papers if the decision is made to separate? Is it treated like an actual divorce case, and are custody battles allowed?
2 Answers from Attorneys
Re: Divorce
No, in CA you do not get a divorce but you can have a custody fight.
Re: Divorce
You cannot have a "common law" marriage in California. If
you lived with your spouse in another state, which recognizes
common law marriages, long enough for the marriage to be recognized
in that state, then California will recognize the marriage. Otherwise,
not. So if you have lived in California throughout the marriage,
you are not legally married.
If you are not legally married, you do not need a formal divorce. However,
if there are children of the relationship, their custody still needs
to be determined.
Also, your mention of a "common law" marriage may be an indication that
there were agreements to share property as if married, and such agreements
can be enforceable as contracts.
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