Legal Question in Family Law in California

if your together with a spouse for 13 years

i want to know if a couple is considered ''common law'' married after 5 1/2 years of living together, what the no. or duration is that the courts consider you married? and do the same laws apply if you seperate from that man or woman how is it dealt with when a minor child is involved?


Asked on 8/24/02, 11:46 pm

2 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: if your together with a spouse for 13 years

California does not recognize "common law" marriage. In fact, it is banned in our state consitution. The closest you'd get to it would be a so-called "Marvin" action; a claim of an enforceable contract existing between the parties. That is still quite different from common law marriage. The latter gives more rights.

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Answered on 8/25/02, 12:07 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: if your together with a spouse for 13 years

Common law marriage is not recognized in Califiornia. But if you want custody of your child or parental rights you may file a paternity suit. Please call me directly at (619) 222-3504.

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Answered on 8/25/02, 12:58 pm


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