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How Many Years is Common Law Marriage in California?

In California, there is no such thing as common law marriage. Common law marriage refers to a situation where a couple lives together and presents themselves as married, without actually going through a formal marriage ceremony or obtaining a marriage license.

However, California does not recognize common law marriages as legally valid.

In order to have the legal rights and protections that come with marriage in California, couples must go through a formal marriage ceremony and obtain a marriage license.

This is the only way to establish a legally recognized marriage in the state.

Unmarried couples in California do have the option of entering into a domestic partnership, which can provide some legal protections and benefits similar to those of marriage.

A domestic partnership is a legal relationship that is recognized by the state, and it can provide benefits such as the ability to make medical decisions for a partner, access to health insurance, and the right to receive spousal support in the event of a separation.

However, it is important to note that a domestic partnership is not the same as a common law marriage.

While it can provide some legal protections, it does not carry the same legal rights and responsibilities as a formal marriage.

For couples who are living together but do not want to get married or enter into a domestic partnership, it is important to understand that they do not have the same legal rights and protections as married couples or those in domestic partnerships.

This can have implications in various areas such as child custody, child support, and property division in the event of a separation.

It is always advisable for unmarried couples to consult with a family law attorney who specializes in California law to understand their legal rights and options.

They may also consider entering into a cohabitation agreement, which is a legally binding contract that can help clarify each person’s rights and responsibilities while living together.

In conclusion, common law marriage is not recognized in California.

In order to have the legal rights and protections that come with marriage, couples must go through a formal marriage ceremony and obtain a marriage license.

Unmarried couples in California may consider domestic partnership or consult with a family law attorney for legal advice and assistance in understanding their rights and options.


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