While California does not recognize common-law marriage as a means for couples to establish marital status within its borders, it does acknowledge that they are legally established in other states. This recognition is important to couples moving to California who have established their marital status under common-law in another state where it is legally recognized. Here’s an overview of the grounds on which California recognizes these marriages.
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Full Faith and Credit Clause
Under the Full Faith and Credit Clause of the U.S. Constitution, California courts are generally required to acknowledge the public acts, records, and judicial proceedings of every other state. This clause is foundational in recognizing out-of-state common-law marriages.
- Legality in Originating State: For California to recognize a common-law marriage, it must be valid in the state where it was established. Only a handful of states currently recognize them, including Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah.
Criteria for Recognition
California requires that the relationship meets all criteria from the originating state, which typically include:
- Cohabitation: The couple must have lived together for a significant period.
- Present Intent to be Married: Both parties must have intended to be married and have presented themselves to others as a married couple.
- Capacity to Marry: Both individuals must have had the legal right or capacity to enter into a marriage at the time the common-law marriage was established.
Legal Implications in California
Once recognized, they are treated like any other marriage for legal purposes in California. This has significant implications for:
- Property Rights: Parties in a recognized common-law marriage have the same rights as those in traditional ones concerning property acquired during the relationship.
- Inheritance Rights: A surviving spouse in a recognized common-law marriage has inheritance rights in California.
- Divorce: Should the relationship dissolve, parties must go through the formal divorce process in California courts to divide property and address issues such as alimony and child support.
Wade Litigation’s Role
At Wade Litigation, we provide expert guidance for individuals seeking to have their out-of-state common-law marriages recognized in California. We help navigate the legal documentation and processes required to ensure that your marital rights are fully protected under California law.
Understanding how California courts recognize out-of-state common-law marriages helps couples ensure their rights are protected when they move to the state. It’s important for anyone in this situation to seek competent legal advice to navigate this aspect of family law effectively.