If it is determined that a marriage is void or voidable and the court finds that one or both parties had a good faith belief that the marriage was valid, the court shall declare the party or parties who believed in good faith that the marriage was valid for the status of an alleged spouse. Read on to learn more about the history of common law marriage in California, what a supposed spouse is, and how unmarried couples can protect themselves. California is generally progressive when it comes to recognizing associations between its residents. One might think that California is one of the few states in the country to recognize common law marriages. However, California actually holds the same view as the majority of states and (generally) does not recognize marriage under the common law. A person facing such claims who has taken the position that there is no valid marriage and intends to approve the court cannot rule in favor of a common law marriage in the California case must also be vigilant in defending the issues. Again, the experience of a lawyer you hire to deal with such issues and who can assess the specific facts of your case before planning the position you can take in the case and have your chances of success is important. This might be a viable option, but this is again under very, very limited facts. If one or both of the persons in the relationship had a reasonable and bona fide belief that they had entered into a valid marriage, but it turned out that the marriage was void, then that person may be considered an “alleged spouse.” To marry legally, a couple usually needs to obtain a marriage certificate and exchange vows at a ceremony (religious or civil). Clients often ask us if a “common-law marriage” is valid if these other steps have not been taken. Many people believe that if they live together as an unmarried couple long enough, the law will simply treat them as married, with all the rights and duties that come with it. Although common-law marriage exists in some states of the country, these states are in the minority.

Read on to learn how California law treats marriage in common law and call an experienced Claremont family law attorney for help in a California family law case. To the surprise of many couples, there is no common-law marriage in California. It was believed that if a couple has lived together for many years and claims to be a married couple, this state law legally considers itself married. Although common law marriages are recognized in some states, a common law marriage in California can never be created as part of a normal legal status. However, California recognizes common law marriages that originate from states that recognize them. Common law marriages are those in which there is no formal and legal recognition, but which are based on the duration and duration of the relationship and cohabitation. California does not recognize common law marriage itself, but allows divorce proceedings for couples who have a common law marriage recognized by another state. Imagine a situation where the couple separates and one party wants support from the other`s spouse. To guarantee some kind of support income, this part will push in the direction that the relationship will be considered a legal marriage.

The party who could be the other payer would likely argue that they are not married to minimize the chances of being directed to the payment of alimony. In this scenario, the court`s task is to determine whether there was a de facto marriage under the laws of the state or country from which the couple moved. For example, if you really believed that you were divorced from your ex-spouse because he told you that the judgment had been registered while it was not registered and that you were still married when you had your second marriage. In addition, this good faith belief that you are married must continue throughout your marriage, if at any time you discover that the marriage is invalid, you lose the supposed status. Sometimes a couple who have been together for a long time has prenuptial agreements with each other to treat property as community property. In other situations, one of the parties may have promised the other party lifelong support, even if both parties knew they were not married. Under California law, no one has the legal right to support, claim property rights, or rights similar to those of marriage if they have never entered into a formal marriage. However, there may be rights created under an oral or written agreement between the parties that result in a legal marriage without adhering to a formal procedure. “Well, we`ve never had an officiated wedding ceremony and haven`t applied to the state for a license, so I think we`re not legally married.