California’s Take on Common Law Marriages in 2023: What You Need to Know
Posted on: June 14, 2023
Sometimes, a couple may choose to forego a traditional marriage, behaving as if they are married instead. In some cases, the law of the state may recognize this as a common-law marriage, despite the lack of an official ceremony or court declaration. Keep reading to learn how this situation is handled in California and contact Law Office of Michael L. Fell at (949) 585-9055 if you need a consultation with a family law attorney.
Deciphering the Concept of Common Law Marriage
The term ‘common law marriage’ pertains to a scenario where a couple has lived together for a considerable length of time that the state views them as legally married. This could be due to a verbal agreement between the partners, or because they fulfill some of the requirements of a traditional marriage, such as:
- Cohabiting
- Raising children together
- Having shared financial accounts and information
- Projecting themselves as a couple to friends and family
Despite the state recognition, common-law married couples do not possess the same rights as those in legal marriages because these unions lack federal recognition. Thus, while you can file state taxes as a common-law married couple in some states, federal taxes need to be filed separately.
Common law marriages also do not assure automatic parental rights as traditional marriages do. Instead, paternity must be established separately.
Does California Acknowledge Common Law Marriages?
Not all states accept common-law marriages, and California is one of them. No matter the duration of cohabitation, California law does not consider a couple as legally married. However, the state does recognize common-law marriages established in other states. Therefore, if a couple was considered legally married under common law in another state before moving to California, they will still be viewed as married.
To establish a legal marriage in California and to avail the rights typically granted to married couples, you might want to seek assistance from a Southern California family law attorney.
Common Law Marriage versus Domestic Partnership: Is There a Difference?
Yes, indeed. California permits domestic partnerships for couples who wish to enjoy certain benefits typically associated with marriage, such as state-administered health benefits. A domestic partnership does not equate to marriage; instead, it provides couples with specific marital benefits like:
- Joint California taxes
- Adoption rights
- Automatic paternity rights
- Family and bereavement leave
- Hospital visitation rights
- Inheritance rights
Engaging a domestic partnership attorney can prove beneficial in identifying the most appropriate path for you and your partner.
The Significance of Common Law Marriage in California
Common law marriage can be important to couples in California as it could confer some state-granted legal rights that are generally available only to married couples. For instance, a couple that fulfills the requirements of a common law marriage in another state prior to moving to California may have comparable rights to traditionally married spouses during a separation. This can encompass child support, spousal support, asset division, and other common divorce-related matters.
When Does California Recognize Common Law Marriage?
California recognizes common law marriage if the couple has fulfilled the criteria in a state that acknowledges it. States that accept common law marriages as of 2023 include Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah.
Each state has unique laws and requirements for common-law marriages, some even limiting it to particular situations. The usual prerequisites for common law marriage in other states encompass:
- Partners cohabiting for a specified duration
- Both partners having the legal capability to marry in the state
- Partners intending to be married
- Publicly referring to each other as married
Rights of Unmarried Couples in California
Some couples prefer not to marry legally. For such couples, certain steps are necessary to establish legal protections usually provided to married couples. The rights that need establishment include:
- Property Rights: Unmarried couples need to establish joint ownership or get both names on property deeds, as automatic joint ownership applies only to domestic partnerships and marriages.
- Shared Finances: Joint ownership of all accounts needs individual establishment, else the surviving partner loses access or rights to the deceased’s bank accounts, credit cards, or retirement accounts.
- Parental Rights: In case of children, unmarried couples need to sign a voluntary declaration of parentage to be recognized as legal parents, ensuring equal rights and responsibilities for child support and custody.
For issues concerning common-law marriage in California, Law Office of Michael L. Fell is prepared to assist. Our lawyers can help simplify the intricacies of your situation and guide you through any family law issues that you may face. Call us now at (949) 585-9055 for help.
