Getting into a marriage with someone is in itself is a lengthy legal process, but so many other things can come along the way during and after the ceremony. While no one would wish for someone's marriage to fail, some unions do; and that carries a slew of legal matters to arrange. Personal and family issues demand the same level of focus as business matters. You will need a Family Law Attorney who listens and aligns with the distinct pulse of your situation.

Find A Family Law Attorney in California

The California Family Code governs marriages in the state. As established by the Code, marriage is a personal relationship arising from a civil contract between a man and a woman, which must be preceded by the issuance of a license and solemnization and must be followed by the parties' consent capable of making that contract. In California, marriages may be either open or private before the county clerk or a marriage solemnizing authority.

Eligibility

A man and a woman will marry if they are 18 years old or if they have written permission from their parents.
They must also receive a court order authorizing the underage individuals to marry.
The marriage applicant must be of sound mind.
Applicants must be either single or divorced.

Prerequisites

At the time of the marriage, neither party will be married to another person.

If you're married, you should:

He or she may have obtained a divorce order.
For more than 5 years, the person getting married hasn't heard from the other partner.
Any party must be of sound mind in order to freely agree to their marriage.
Parents and children, ancestors and descendants of any degree, half and whole blood brothers and sisters, uncles and their nieces or aunts and their nephews, irrespective of the relationship as legitimate or illegitimate, are not permitted to marry.
The parties must receive a marriage license and a certificate of registration from the marriage registrar.

For a Marriage Certificate

The following items are required in order to obtain a marriage license:

A passport, driver's license, or other forms of identification may be used as proof of age.
If you're under the age of 18, you'll need written permission from your parents to marry.
If one of the parties is divorced, a divorce certificate is required.
When applying for a license and receiving it from the appropriate office, the applicant must appear in person.
The marriage license must include the following information:
The candidate for the marriage's identity.
The applicants' actual and full names, as well as their current and previous addresses.
The ages of the applicants.

Within a few days of their marriage, the husband and wife can apply for a marriage certificate at the same office, making personal appearances.

Marriages that are void

Marriages between the following individuals are invalid from the start, regardless of whether the partnership is legitimate or illegitimate, and are not permissible under California law:

Children and their parents
Every degree of ancestors and descendants
Half-blood brothers and sisters, as well as full-blooded siblings
Aunts and nephews or uncles and nieces

A subsequent marriage contracted by a person during the life of a former husband or wife with a person other than the former husband or wife is void from the start unless:

Before the date of the subsequent marriage, the previous marriage was dissolved or declared null.
For the five years immediately preceding the subsequent marriage, the former husband or wife is missing and not known to the person to be living.
It is normally reputed or presumed to be dead by the individual at the time of the subsequent marriage.

People with the Authority to Solemnize

Any of the following, who is 18 years of age or older, may solemnize a marriage in the state of California:

Any religious denomination's priest, minister, or rabbi
A civil marriage commissioner who is a judge or a former judge (county clerk)
Commissioner or former commissioner of civil marriages in this state, or assistant commissioner of a court of record in this state
A judge or magistrate who has stepped down from his or her role.
When in office, a legislator or legislative officer of this state or a member of Congress who serves a district within this state.

Registration and Certificate of Civil Marriage

The groom and bride who meet the eligibility requirements will apply for marriage registration at:

Civil Marriages Commissioner or Deputy Commissioner in the Registrar's Office
Recorder County Clerk with the required form from the State Department of Health Services, along with an affidavit from the applicants stating that they have received the Department's brochure.

After receiving a Marriage License, which is valid for 90 days, the marriage may be solemnized. The bride and groom should receive a certificate of registry of marriage form and fill it out in front of the County clerk when applying for the license. After filling out the necessary column, the applicants must have it authenticated by the solemnizing authority:

The solemnizing authority shall cause the signature and address of one witness to the marriage ceremony to be entered on the certificate of registry.
Within 10 days of the ceremony, the person officiating the marriage must return the certificate of registration to the county recorder of the county where the license was given.

Confidential Union

After receiving a license from the county clerk's office or the registrar, a marriage may be made private and solemnized by one of the solemnizing authorities.

For people under the age of 18, a marriage cannot be kept private.
There is no need for a witness in this type of marriage.
The license must be presented to the marriage solemnizing authority by the bride and groom.
Following the ceremony, the applicants must complete the confidential marriage certificate form, have it validated by the solemnizing authority, and return it to the same registrar's office within ten days.
Following that, the bride and groom will request a certified copy of their marriage certificate from the registrar or county clerk's office where they submitted the marriage certificate form.

Marriage by Common Law

A common law marriage typically involves a couple who considers themselves married and exhibits the traditional characteristics of a marriage, such as cohabitation, joint finances, and financial statements, children, and so on. They did not, however, have an officiated ceremony or register with their state of residence. Common law partnerships were no longer recognized in California more than a century ago. One thing to keep in mind: there are exceptions, as there are in many fields of family law.

In California, a couple's verbal consent or cohabitation does not constitute a formal union. The primary word in the anti-common law marriage law is "in California." This means that if a man and woman reside in California and believe they have formed a common law union, the state's family law courts are unlikely to acknowledge it.

A Significant Exception

According to California law, if a marriage is legal under the rules of a different location where the marriage took place, such as another state or a foreign country, California will recognize the marriage. Assume a couple resided in a state or territory where common law marriage was accepted and legally married. Later, the couple agrees to move to California. In general, family law courts in this state could accept their marriage as legal.

Reducing Confusion

Consider a case in which a couple is divorcing and one individual is seeking spousal support from the other. In order to ensure a source of support income, the party would press for the partnership to be recognized as a legal marriage. To avoid being ordered to pay support, the party who would actually be the paying other would most likely claim that they aren't married. In that case, the court would determine if the couple had a common-law marriage under the state's laws or the country from which they moved.

Ending A Marriage

When it comes to divorce, California has fairly clear rules. California uses a community property scheme, which differs from other states in that it divides the marital property into a difficult task. In essence, both partners' profits during the marriage and all property and debts acquired during the marriage are considered community property and must be divided equally upon divorce. The property possessed by either partner prior to the marriage, individual inheritances, and gifts is the only exception to the community property law.

Choosing the Most Effective Way to End Your Relationship

There are many ways to end a marriage in California, including:

Legal separation

Allows a couple to live apart while still being together. In certain cases, this allows the divorced couple to keep their marital benefits while still living apart and can result in enforceable court orders separating their finances. Although legally divorced, neither spouse can remarry or enter into a domestic relationship with another person.

Divorce

A marriage that has been declared null and void. Unlike a civil separation, a divorce ends the marriage and forces the divorcing pair to split their properties and land. Both ex-spouses are free to form new domestic relationships or remarry after a divorce.

Annulment

This dissolving marriage method is usually reserved for marriages that were void from the start, such as cases of bigamy or a minor marrying without parental consent or a marriage based on forged documents. An annulment declares a marriage to be null and void. An annulment indicates that the union was never legally recognized.

Details on Divorce

Divorce, sometimes referred to as dissolution of marriage, is the civil dissolution of a marriage between two persons. When a divorce is finalized, all partners become single again. Divorce isn't always easy because married couples' lives are so closely intertwined in so many ways.

Residency Requirements for Divorce

You (or your spouse) must meet certain residency conditions before you can get a divorce in California. You must have lived in California for at least six months before filing for divorce, according to California Family Code Section 2320. You must also have lived in the county where you are filing for divorce for at least three months.

What if you don't meet these residency standards right now? You'll have to postpone your divorce until you find out. A California court will not even consider your divorce request until these time limits have been met. Keep in mind that only one of you would meet these criteria.

These provisions only apply to heterosexual couples seeking a divorce. Even if they haven't met the residency criteria, LGBT spouses will file for divorce if:

The pair tied the knot in California.
The couple's home state would not allow them to divorce.

If you or your partner haven't met the residency criteria, you may want to seek a legal separation. This can encourage you to begin the divorce process before going to court.

Waiting Time

The state needs to make sure you're confident you want a divorce before proceeding. It is for this reason that there is a six-month waiting period. It will take at least six months after the divorce papers have been served to finalize the divorce. Even if you and your partner have an uncontested divorce and agree to all of the terms of your divorce, this is valid.

No-Fault Divorce

In California, no one is held responsible for the dissolution of a marriage. Since California is a no-fault divorce jurisdiction, this is the case. You don't have to blame someone or offer an explanation for why your marriage isn't working. Divorce can be granted on two grounds:

Irreconcilable differences
Incapacity of mind

You just need to inform the state that your marriage isn't functioning because you and your partner have irreconcilable differences. Your marriage isn't working for you anymore, and you're on different websites.

Marital Assets

California is a state that recognizes collective land. Simply put, if you and your spouse get divorced, you will both be entitled to half of all community land. Unless you have a prenuptial or postnuptial arrangement that states otherwise, all that was mutually held is split down the middle.

It's important to remember that because California is a no-fault and community property state, infidelity and adultery will have no bearing on property division. Every partner is entitled to half of the marital assets and debts under state law.

Properties can only keep objects that are listed as separate property in their entirety. This may include properties you had prior to getting married, as well as inheritances or gifts intended solely for you.

Money, homes, vehicles, retirement benefits, and business interests are all common examples of group property, in which each partner owns a half-interest.

Divorce's Aspects

Divorce that is contested

When you and your spouse divorce, you and your spouse will disagree about how those issues should be resolved. This is referred to as a disputed divorce in California. You'll need to find common ground and come to an agreement on issues like child custody and property division. Your divorce will not be finalized until you do.

Divorce that is not contested

It's possible that you and your partner are on the same page when it comes to having a divorce. Indeed, you can agree on every aspect of the procedure. Even so, working with a Family Law Attorney who is familiar with the California divorce process can be beneficial. Making a mistake or missing a move can be expensive and time-consuming.

Divorce between LGBT couples

In California, LGBT couples have the legal right to marry. Same-sex relationships, like heterosexual marriages, don't always work out. Unfortunately, since laws are still evolving, divorce for gay couples is more difficult. When couples attempt to negotiate sensitive issues like child custody and support, problems may occur.

Divorce Among Military Personnel

A partnership may be severely harmed by military service. Being in the military may have an effect on a variety of facets of your relationship. If you or your spouse is in the military and you're thinking about getting divorced, you can consult with a family law specialist who has handled military divorce cases before.

Divorce of a High-Net-Worth Couple

Money still tends to make it more difficult. Divorce is no different. In reality, the more money on the line, the more acrimonious divorces get. If you and/or your partner have a lot of money, you can hire a Divorce Lawyer who is financially savvy and a specialist in the field.

Custody of Children

Making decisions is a big part of the divorce process. If no one enjoys it, it is not intended to be adversarial or vindictive. When you move on to the next chapter of your life, you must make important, life-changing decisions. Although personal problems can obstruct custody and visitation decisions, an experienced Family Law Attorney will help you assert your rights while looking out for your children's best interests.

The Court's Approach to Determining a Child's Best Interests

In a child custody hearing in California, family court judges will consider all available facts to determine the best possible result for the children of the divorcing parents. It's typical for a parent to believe that they have a stronger case for legal custody when, in fact, the grounds are fairly equal between the parents. The following are some of the factors that the court would consider when determining the best possible custody arrangement for the children in a divorce case:

The wealth of the parents who are divorcing.

The court must assess every parent's ability to manage the financial aspects of raising their children. This form of analysis is often used in alimony and spousal support agreements.

The places where the divorcing parents plan to live after their divorce.

The willingness of children to meet grandparents and other extended family members may be harmed if their parents move into separate houses.

The children's normal daily routines.

This includes education, extracurricular sports, and religious services, among other things.

The legal histories of the divorcing parents.

If one parent has a history of domestic violence or substance abuse, these factors can severely limit the parent's ability to seek legal custody.

The divorce is based on these grounds.

If one parent files for divorce as a result of the other parent's mistreatment of the children, gambling debts, or other unethical conduct, the filing parent's role in custody proceedings is strengthened.
The children's special needs, if any, and the parent's ability to meet those needs.

Every child custody case is unique, and this list is by no means complete. Divorcing parents should expect the court to carefully examine every aspect of their lives in order to decide the appropriate custody plan for their children.

Child Support

During the divorce process, divorcing parents are liable for financial assistance. Although formulas calculate child support sums, parents should have the best interests of their children in mind. They are the invisible and unheard victims of divorce and marriages that end without a marriage.

Many divorcing parents have questions about how child support is decided. The court has the final say, but each divorcing parent has the right to present facts and make an argument in order to argue for the fairest support system that ensures their children's financial security.

The amount of child support is determined by a number of factors, including:
The earnings of both custodial and noncustodial parents
Divorcing parents' tax reporting status
Additional financial responsibilities
Time spent by and parent with their children
Occasionally, the standard of living prior to the divorce is restored.

Though computer calculations decide the amount of funding, the data can still be challenged. Self-employed spouses' and business owners' income and expenses can necessitate more in-depth investigations.

What to Expect During Child Support Dispute Resolution

Child custody agreements usually follow child maintenance arrangements. The court would then decide each parent's financial obligations for raising the children after determining the best possible custody arrangement for the couple's children. If the partner with majority custody also earns more money, the other spouse would likely have fewer custody rights but a lower child support commitment. If the lower-earning spouse is granted majority or full legal custody, the other noncustodial, higher-earning spouse would almost certainly be required to pay significant child support.

During the early stages of the legal proceedings involving child custody and child support arrangements, the judge hearing the case will inquire about each parent's custody and support goals and priorities. If the children involved are older, usually over the age of ten, the judge will consider their input in determining what form of custody arrangement is best for them. Child support will be determined after the judge has used the relevant facts and testimony to assess the best custody agreement.

Division of Property

California's community property rule, which governs how property is divided in a divorce, is well-known for its strictness. Though family law isn't meant to be adversarial, property division may lead to acrimony and conflict. It's one of the most contentious aspects of divorce, and it's a process that no one wants to go through. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

In California, what is community property?

The distribution of properties in California divorce courts is governed by community property law. All real property obtained during the marriage is owned equally by the spouses and should be divided accordingly. Items purchased with community funds, like commingled funds in a joint bank account, are included. Separate property is property obtained before or after marriage or property bought with separate funds during the marriage. Those assets do not belong to society.

California's community property laws are very rigid, leaving no room for interpretation. Regardless of what caused the divorce, the court would strive for a 50/50 split of the divorcing couple's community land. This involves mutual debts, for which both divorcing partners will retain joint responsibility after divorce, or for which they will need to effectively exchange obligations for such debts to ensure a 50/50 debt liability split.

In the event of a divorce, a potential alternative to community property distribution exists.

If you and your soon-to-be ex-spouse are willing to discuss the terms of your divorce, you and your soon-to-be ex-spouse will be able to come to an understanding and divide your assets between yourself rather than leaving the decision to the judge. Divorce mediation is a good way to get a fast and detailed divorce agreement. Since you and your partner know your marriage better than anyone else, collaborating and bargaining would be much faster than going to court.

Mediation for divorce is a relatively simple procedure. Your partner, their legal advisor, and a neutral third-party mediator will meet with you and your Family Law Attorney. The role of the mediator is to guide talks, address any legal questions that the divorcing spouses might have, and keep the discussion on track. The couple might be able to find a mutually beneficial solution to their property division issue after just a few sessions of mediation.

A divorcing pair can be able to swap some properties for others during property division negotiations successfully. For example, suppose one spouse wants to retain the marital home rather than sell it and share the proceeds. In that case, they might give other assets worth half the home's value, essentially "buying out" the other spouse's share of the property that would otherwise be subject to community property division. Instead of relying on impersonal and rigid legal statutes, the couple can more conveniently and reliably answer their particular property division questions based on personal preferences.

California Separate Property

The community property law in California exempts such assets from community property division in divorce. This separate property normally includes a spouse's property from before they married and properties inherited from blood relatives, including parents and grandparents. To avoid community property division during divorce proceedings, it's critical to determine your ownership rights over your separate property.

Separate land and how it can become community property in such circumstances is also covered by California law. Consider the case where one of the spouses had a company prior to marrying. Following the union, the new partner enters the organization and assists in increasing productivity, thus increasing profitability. Owing to the effort and time they put into helping the business thrive, the second partner will have a legal claim to the business as community property if the couple divorces. In your divorce case, an experienced Family Law Attorney will assist you in determining whether business assets or other separate property can qualify as community property.

Domestic Violence

There can be legal ramifications when marital disputes transform into acts of domestic abuse. Victims of domestic violence in California may seek a restraining order against their abusers under California family law. Frequently, it is assumed that a dispute between two parties would have to escalate into physical violence. In fact, the state of California considers a variety of other activities to be domestic violence as well. Domestic violence includes acts such as threats to a person's safety, verbal abuse, sexual assault, persistent harassment, stalking, damaging personal property, and even impersonation when used to hurt or threaten.

It is important to obtain a restraining order against someone who has committed acts of domestic abuse in order to protect the victim from further harm. It can also go a long way toward bringing closure and healing to them. When a restraining order is issued, it will have far-reaching consequences. It may be necessary for the restrained to:

Keep all interactions with the victim and their families to a minimum.
Make them leave to look for a new place to live.
Prevent them from possessing a firearm.
Return a specific property

Child custody arrangements may be impacted, and they may be required to pay spousal or child care, among other items, depending on the case.

The important thing to note is that domestic abuse is illegal, and those who have been victims of it have legal rights to fight back. Anyone found guilty of domestic abuse in California will face substantial penalties in addition to being compelled to obey the restraining order.

Unfortunately, the tension between two parties may often intensify in unexpected ways, with one side trying to exploit the situation to their advantage. Domestic abuse cases in California are taken very seriously. Any attempts to use the system against them by making false claims to obtain a restraining order will not be accepted.

What Happens Usually in a Case of Domestic Violence?

Police officers may choose to make an arrest if there is enough proof that acts of domestic abuse have been committed to filing criminal charges. Officers reacting to an emergency involving a physical altercation, on the other hand, might want to apprehend the attacker right away. In reality, the majority of cases involving domestic abusers start with 911 emergency calls alerting police to the situation. Police officers are expected to perform a thorough investigation after arriving at the scene and dealing with any immediate risks of risk, including separating any parties involved.

Any documentation, such as broken furniture, ripped clothes, or bloodstains, must be recorded. To get a clearer understanding of the case, police can interview those involved, including witnesses. They will proceed with an indictment if they decide that they have probable cause.

The police will ask the alleged victim if they want an emergency protective order after a domestic abuse arrest (EPO). And if certain victims refuse, the courts will still issue a temporary restraining order (TRO) at the arraignment. They can also circumvent the protected party's wishes, enforce "no-touch" for the pair, and compel the supposed victim to attend a 10-week Personal Empowerment Program (PEP) before changing or removing the order.

It's important to note, though, that victims of domestic abuse don't have to wait for a more significant event to seek assistance. A 911 call is not used to file charges or request a restraining order against a domestic abuser. In reality, if domestic abuse has been perpetrated, it is important to seek help as soon as possible to avoid the situation from worsening. Working with a domestic violence advocate provides clients with the legal advice they need to decide the right course of action.

Even after a restraining order has been issued, it is normal to feel insecure or afraid. There is no assurance that the attacker will abide by the order's terms. That's why, in addition to creating a set of laws to protect victims of domestic violence, restraining orders also place harsh punishments on anyone who violates them. Violation of a restraining order has serious repercussions, regardless of whether the order was desired or not. It's possible that the bail bond or own-responsibility status will be revoked. Additional prosecution and jail time can be imposed in some cases. Deportation is a possibility for non-citizens. In divorce cases, judges have the power to enforce harsh sentences and to scrutinize the accused abuser more closely.

What Happens in Most Domestic Violence Cases?

Though each case is unique, in California, the majority of domestic abuse cases are settled before going to trial. This is due to the fact that there is usually more than enough evidence to prove the allegations, forcing the victim to settle outside of court by acknowledging the guilty verdict and agreeing to a plea deal. While this can result in a reduced charge or penalty, it does not absolve the accused of any responsibility. A felony, for example, can be reduced to a misdemeanor, depending on the circumstances. On the other hand, a misdemeanor is also a serious offense that will stay on their record for the rest of their lives. Other effects of a domestic violence charge, such as the terms of a restraining order, continue to apply.

Find A Marriage Laws Attorney in California

Whatever your concerns about marriage, whether it's prenuptial agreements or child custody disputes years after a divorce, you will need to go through legal processes related to it. 1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can put you in contact with a Family Law Attorney. Contact us through our 24/7 Live Chat or complete our case submission form for a free online consultation.

Everything You Need to Know About Marriage Laws in California