What Constitutes a Legal Marriage in California

(C) This section does not prohibit the Ministry of Motor Vehicles from accepting as identification other documents that establish an authentic and complete name for the purposes of section 12800.7 of the Vehicle Code. These documents may include, but are not limited to, a certified copy of a marriage certificate that registers a marriage outside that state. Marriage is probably one of the most important events in your life. This not only involves your emotions, but also changes your legal status. If you need help with California`s marriage laws, you should talk to a family law attorney about your specific case. You can get started today by contacting a family law attorney in California. If you live as a married couple (under the common law) in a state that recognizes the common law and you move to California, where you decide to pursue a divorce, the courts will work with you. However, this issue quickly becomes a complicated legal issue and should be discussed with a lawyer. Since each situation is unique, I can assess your case and help you understand your legal rights and options after a separation or for any other purpose related to your union. I also get calls from people outside the state who are on trial in California. Consider talking to a family law attorney in California if you need legal assistance or have additional questions about California`s marriage law.

Created by FindLaw`s team of legal writers and writers | Last updated on 16. March 2018 You need to know the exact date of your last marriage or registered domestic partnership (SRDP) legally terminated. If your last marriage/SRDP ended within 90 days of the date of your marriage license reservation, a “certified” copy of the divorce, annulment, termination or death certificate must be presented at the time of your appointment. (b) (1) One or both parties to a marriage may elect to change the middle name or surname or both by which that party wishes to make itself known after the solemnization of the marriage by entering the new name in the fields provided on the marriage proposal without intent to cheat. Imagine a situation where the couple separates and one party wants support from the other`s spouse. To guarantee some kind of support income, this part will push in the direction that the relationship will be considered a legal marriage. The party who could be the other payer would likely argue that they are not married to minimize the chances that they will be ordered to pay alimony. In this scenario, the court`s task is to determine whether there was a de facto marriage under the laws of the state or country from which the couple moved. A couple marries under the common law when there is no official ceremony, but both people consider themselves married and meet certain criteria. However, not all states recognize common law marriage, and California is one of them, which brings us to the number one myth of common-law marriage. (3) For the purposes of the requirements for the person solemnizing the marriage in accordance with section 423,423(b) and the requirements imposed on the local registrar under section 102356,000 of the Health and Safety Code, the court shall provide the parties who have obtained permission to marry with a copy of the court order on authorization to marry. Get answers to frequently asked questions about common-law marriage in our state.

Contact Stolar & Associates in Los Angeles for specific advice on your situation. If, to the satisfaction of the court, at the request of a minor, it appears that the minor requires written consent to the marriage and that the minor has no parent or parent capable of giving consent, the court may issue an order approving the issuance of a marriage certificate and granting the minor permission to marry. in accordance with the requirements described in Article 304. The order must be submitted to the clerk of the court and a certified copy of the order must be submitted to the district clerk at the time the marriage certificate is issued. “Well, we`ve never had an official wedding ceremony and haven`t applied to the state for a license, so I think we`re not legally married. But we live together in the house we bought together 20 years ago. and our family and friends consider us married. We also shared bank accounts, credit cards and 2 children. (a) The spouses may not bear the same name. Neither party is obliged to change their name. A person`s name cannot change with marriage unless that person decides to change his or her name in accordance with subsection (b).

Couples can apply for a public marriage license or a confidential marriage license. Upon registration, a public marriage certificate is a public document, while a confidential marriage certificate is only available to the parties on the marriage certificate. Applicants for a confidential marriage certificate must live together and confirm it on the marriage certificate. The law does not prescribe a minimum duration of cohabitation. No documented evidence is required. (3) The religious society or the name of the parties to the marriage, and that the marriage was entered into in accordance with the rules and practices of that society or religious denomination. The declaration of the spouses that the marriage was concluded in accordance with the rules and customs of society or religious denomination is presumed to be true. BY APPOINTMENT ONLY – NO WALK-IN VISITS ACCEPTED.

The dates of the ceremonies are available every half hour from Monday to Friday between 9:00 am and 1:00 pm. It is highly recommended that you check the availability of your favorite ceremony before making your wedding license reservation in case you want both reservations to be scheduled on the same day. A marriage entered into outside that state that would be valid under the laws of the jurisdiction in which the marriage was entered into is valid in California. (a) Marriage is a personal relationship resulting from a civil contract between two persons for which the consent of the capable parties to that contract is required; Consent alone does not constitute marriage. Consent must be followed by the granting of a licence and solemnity approved by that ministry, except in section 425 and Part 4 (beginning with section 500). (2) Require family court services to prepare and submit to the court a written report containing any assessment of the potential violence, threat, creed, fraud, coercion or coercion of any of the parties or their family members in connection with the proposed marriage. The report also includes recommendations from the Family Court Service to grant or deny permission to the parties to marry. If the Family Court Service knows or reasonably suspects that one of the parties is being abused or neglected of a child, the Family Court Service will submit a report to the District Child Welfare Services Authority on known or suspected child abuse or neglect. Except as provided in section 307, a marriage shall be authorized, solemn and certified, and the certified marriage certificate shall be returned to the clerk of the county where the marriage certificate was issued, as provided for in this Part. Failure by a non-party to the marriage does not invalidate the marriage. It may be possible to be considered married by California courts if you have lived as a couple in another state that recognizes marriage at common law. (B) A certified copy of a marriage certificate will be accepted as identification establishing a real full name for the purposes of section 12800.7 of the Vehicle Code […].