In today’s society, there is a growing trend toward couples seeking alternatives to traditional marriages. Common law marriage has gained popularity as a type of domestic partnership that allows couples to forgo the formalities of a marriage certificate. While recognized in some states, the question remains: Does California recognize common law marriage? Let’s delve into the intricacies of this topic and find out.
Understanding What Common Law Marriage Is
Common law marriage entails a living arrangement where two individuals cohabit in a romantic relationship and present themselves as a married couple to the public. Unlike traditional marriages, which necessitate a marriage certificate, common law marriage simply requires a long-term commitment.
Does California Recognize Common Law Marriage?
Regrettably, California does not recognize common law marriage as a valid form of legal union. Nevertheless, individuals involved in long-term relationships in California can establish a domestic partnership, which may grant certain legal rights and responsibilities similar to those of a married couple.
What is a Domestic Partnership?
California, ever progressive, offers an alternative to marriage through domestic partnerships. These partnerships provide many of the same rights and benefits as a traditional marriage. Notably, they are open to same-sex couples as well as opposite-sex couples, provided that the involved individuals are at least 18 years old and are neither married nor blood relatives.
How to Create a Domestic Partnership
Establishing a domestic partnership in California requires filing a Declaration of Domestic Partnership with the California Secretary of State. The form can be conveniently downloaded from the internet or obtained from any Secretary of State office. The filing fee for this declaration amounts to a reasonable $10.
Legal Rights and Responsibilities
Upon the establishment of a domestic partnership, both partners will acquire legal rights and responsibilities akin to those bestowed upon a married couple. This includes entitlement to the rights granted under the Family Code, such as child custody, visitation, support, and alimony.
Conclusion
While common law marriage is not legally recognized in California, couples can still formalize their commitment via a domestic partnership. A domestic partnership provides a multitude of benefits similar to those derived from a traditional marriage. It is an avenue available to both same-sex and opposite-sex couples, offering the legal rights and responsibilities necessary to navigate life together.