The concept of a “common law marriage” is one you might have heard brought up in TV shows and films, and often in reference to people living in isolated areas or in historical times, such as in the 19th century. Basically, a common law marriage is a marriage where there was no legal formalities, or, in other words, no ceremony and/or no valid marriage certificate was filed with the state. The concept of common law marriage can become important when a couple that has been together for a long period separates, and of the individuals is concerned about what legal rights he or she has to the other partner’s property and/or to receive financial support following the separation. California does not recognize common law marriage, but individuals that were in unions not involving a traditional marriage may still have rights under the law.
California Abolished Common Law Marriage in 1895
First off, a word on the definition of common law marriage is in order. Numerous states in the past recognized that two people who lived together and held themselves out as a married couple to others could consider themselves legally married even if they never participated in a wedding ceremony or filed a valid marriage certificate with the state. This meant that those couples had similar rights as couples with valid marriage licenses, at least after a period of time of being together.
Only a few states still recognize the concept of common law marriage: Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. California abolished the concept of common law marriage in 1895. Thus, even if you and another person have lived as spouses for decades in California without ever having obtained a valid marriage license, California will not consider you married, common law or otherwise.
You May Still Have Rights in a California Family Law Matter
That said, there are a few limited instances in which individuals in a long-term relationship without a marriage license may pursue financial-related actions in a California divorce proceeding.
First, if you and another individual met the requirements for common law marriage in one of the states listed above prior to moving to California, the courts may recognize your marriage and grant you rights to property and/or spousal support. Second, if you had a good-faith belief that your union was a valid marriage under the laws of California, you may be able to pursue relief as a “putative spouse.”
Additionally, California courts have recognized the rights of one person in a long-term non-marriage relationship to obtain financial support and property from another if there was an implied contract for at least one of the individuals to support one another. Sometimes called “palimony,” this is not actually a divorce action, but rather one to enforce a contract. At any rate, an experienced family law attorney can advise you on your rights to those form of relief as well as any other options under the law.
Finally, it should be noted that when it comes to child support and custody matters, there is no requirement that the parents ever have been married for either parent to pursue an action relating to custody of the child or obtaining child support.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.