What Is Common Law Marriage?"Common law" is when a couple has lived together and held themselves to the public as married for a long-enough period of time that the court recognizes the marriage, regardless of a ceremony. Show
Is There Common Law Marriage in California?No, California does not recognize "common law marriage." Even though California does not have common law marriages, unmarried couples who have been together for an extended period of time do still have some rights. At Stolar Law Group, we can help you protect those rights and provide you with straightforward advice regarding your situation. Facing a family law matter in California? Contact us online or call us at (818) 600-6534 to schedule an initial consultation with a lawyer at our firm.Can Unmarried Couples Divorce in California?Spending a significant portion of your life with someone, and maybe even starting a family with them, can certainly make you feel like you are married. For the same reason, deciding to end your relationship with that person can also feel like you are getting divorced from them. As mentioned, though, California does not have a family law that recognizes common law marriage, so it also has no common law divorce. However, when you are breaking up with your significant other, you could encounter legal issues that are similar to those that can come up in a divorce. It depends on the details of your relationship and how official you are looking to make your separation. When leaving a significant other of many years, you might have questions involving your:
Domestic Violence & Unmarried CouplesCalifornia’s domestic violence laws do not limit acts of domestic violence to just incidents between married couples. Instead, domestic violence can be carried out by a perpetrator against someone they have a close or family relationship with, including cohabitants of the same residence. Under this broader definition, domestic violence can be an issue concerning unmarried couples. An unmarried person can file for a restraining order against their partner on accusations of domestic violence, just as if they were two married spouses. The restraining order will usually begin as a temporary order to keep the two parties separated, halt direct communication attempts, and make early decisions about how to handle child custody if applicable. A court date should be set soon to decide if the order should be modified, made permanent, or removed. Stolar Law Group of Los Angeles can help you understand your rights in a domestic violence situation as half of an unmarried couple. We are ready to help protect you from further harm as the person reporting the abuse or shield your rights if you think you were wrongly accused of domestic abuse. California does not have any common marriage laws to set clear guidelines in these situations, so we highly advise you to let our team lead the way. Common Law Marriages From Other StatesIt may be possible to be seen as married by California courts if you lived as a couple in another state that recognizes common law marriage. For recognition of your common law marriage in California, you and your partner must have met the other state's criteria for common law marriage. These laws vary from state to state, so it is important to work with an attorney who can help you determine if you meet the criteria. In general, most states require that you hold yourselves out as married, such as filing joint tax returns and using the same last name. What States Have Common Law Marriage? The following states recognize common law marriage:
Seek the Assistance of Stolar Law GroupBecause every situation is unique, our lawyers can assess your situation and help you understand your legal rights and options after a separation. We also welcome calls from out-of-state individuals who are facing legal proceedings in California. Contact our firm to learn more about your legal rights in California.Does Social Security recognize common law marriage in California?Social Security recognizes a common-law marriage if: The couple lives in a state where common-law marriage is legal, or did so when the marriage began. The couple can show Social Security that they are in such a relationship (more on that below).
Can a common law spouse receive Social Security benefits?The simple answer to your question is that unless you live in a state that recognizes common-law marriage, neither you nor your partner are eligible for Social Security spousal or survivor benefits.
Can domestic partners collect Social Security benefits in California?Some same-sex couples in non-marital legal relationships (such as civil unions and domestic partnerships) may qualify for benefits as a spouse or surviving spouse if they meet certain requirements. If you think you may be entitled to benefits, we encourage you to contact us right away.
How do you prove common law marriage to Social Security?The statements of the husband, wife, and relatives must be made on special forms, Statement Regarding Marriage or Statement of Marital Relationship, available at any Social Security office or on the Social Security Administration's website. You must fully answer all items on the forms and in your own words.
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