Legal Question in Family Law in California
If married in England in 1983, and residing in California since 1988... what divorce laws pertain to me? I understand CA has no common law rules?
2 Answers from Attorneys
California does not recognize "common law marriage" entered into in California. California does recognize "common law marriages" if they were validly entered into in a jurisdiction that provides for common law marriage.
California does recognize common law jurisprudence, as adopted by our "reception" statute. "The common law of England, so far as it is not repugnant to or inconsistent with the Constitution or laws of this State, is the rule of decision in all the courts of this State." (Civ. Code, sect. 22.2.)
If you are a resident of California, California dissolution laws apply to you if you file in California. Where the marriage took place is not relevant, as long as the marriage was valid.