Legal Question in Family Law in California
Is there a legal precedent for 'common Law divorce'?
Is there a legal precedent for 'common Law divorce'?
Is there such a thing?
What are the details?
Thank you. . .
2 Answers from Attorneys
Re: Is there a legal precedent for 'common Law divorce'?
In California the procedure is the same as in a regular marriage. However, there must first be a valid common law marriage. California does not have a statute providing for a common law marriage. Common law marriages that are valid in another state are recognized in this California.
Re: Is there a legal precedent for 'common Law divorce'?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
A common law marriage cannot occur in California; however, California courts will recognize a valid common law marriage that occurred in another state.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.