At Kendall Gkikas & Mitchell, we frequently receive questions about the common law divorce process in California. We’re always happy to answer your legal questions here on this blog as well as in person when you make an appointment by calling 909-482-1422, emailing info@parents4children.com, or sending us an online message in the Quick Contact window to the right of this page.
Kendall Gkikas & Mitchell, LLP—the best place to come for all your family law needs
Read on to find out more about common law divorce in California, and make sure to schedule an appointment to receive specific advice for your particular situation. Kendall Gkikas & Mitchell has the best family law attorneys—Kristina Kendall-Gkikas, Thomas Kendall, and Brian D. Mitchell—who will be glad to assist you with all your common law divorce questions.
California Common law divorce 101
Technically, common law divorce doesn’t actually exist in California. The fact is that if you never obtained a marriage certificate or entered an official domestic partnership, in the eyes of California law, you were not legally joined together, so you may not legally get divorced. It doesn’t even matter if you took your partner’s last name and lived together for decades, you still can’t receive court orders to divide jointly bought and maintained property or any other joint asset if you were not legally married according to the state of California. You also can’t apply for spousal support. You don’t have any legal right to joint property or assets if you were never officially married through the state of California.
So I’m out of luck?
Not necessarily. If you’ve had children together, you may be able to apply for child support and may need to work out joint child custody agreements. Even if the partner was not the biological father or mother of the child or children in question, a court could find that the parent was legally the father or mother if he or she always accepted him or her as their own. This is known as the principle of “parentage by estoppel” in the California court system.
Other issues to consider when going through a common law divorce
If there have been serious problems between you and your partner, such as domestic violence, you may be able to obtain restitution payments for you and your children. Even though you were never legally married and you’re now separated, you don’t need to ignore past abusive behavior. Perhaps the best way you’ll be able to move on is by getting the compensation you deserve. While it won’t heal the emotional and/or physical wounds, it will be a step in the right direction towards standing up for yourself and what’s right.
We’ll take care of you
There are many nuances to any divorce—whether it was a common law relationship or a traditional marriage—and the expert family law attorneys at Kendall Gkikas & Mitchell will walk you through each step with compassion and wisdom. You definitely want them on your side if you’re going through a common law divorce—call 909-482-1422 to get started today.
