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Is the common law marriage legal in California?

Is the common law marriage legal in California?

However, not all states recognize common law marriage, and California is one of them, which brings us to common law marriage myth number one. If you’ve been living together in Orange County without the official ties of a marriage license, there are some things you should be aware of.

Is there a minimum age for marriage in California?

Note that California is one of just a few states that does not have a minimum age for marriage. If a minor though decides to marry, that person must obtain parental consent and a court order prior to the marriage.

When does a couple become married by common law?

A couple becomes married by common law when there is no official ceremony, but the two people consider themselves married and meet certain criteria. However, not all states recognize common law marriage, and California is one of them, which brings us to common law marriage myth number one.

Can a married couple get a divorce in California?

If you live as a married couple (by common law) in a state that recognizes common law and you move to California where you decide to pursue a divorce, the courts will work with you. However, this issue quickly becomes a complicated legal matter and should be discussed with an attorney.

Is it legal to get married in California?

But there may be an important exception. California law also states that if a marriage is valid pursuant to the laws of the place, such as a State or foreign country, where the marriage occurred, then California may recognize the marriage absent certain limited circumstances. Those limited circumstances are beyond the scope of this article.

When did common law marriage end in California?

As localities (towns and cities) lost power, the State gained it through those laws and regulations. One of those regulations was the end of common law marriage in California in the year 1895. But did that end mean California will never recognize any common law marriage regardless of the circumstances?

How long do you have to live together to be considered married in California?

However, this issue quickly becomes a complicated legal matter and should be discussed with an attorney. You can live together for one year or 20 years, but unless you meet very specific criteria you won’t be considered married by common law.

How long does a marriage license last in California?

The marriage license in California is only valid for 90 days. So it is imperative that after applying for a marriage license, the couple plans to get married within that period of time. Once the marriage takes place and the marriage certificate is signed and completed, the license must be returned to…