Discuss this before you go to avoid delays or worse, fights. You can't change your first name, but you can choose to keep your last name or use your spouse's last name. You can create a hyphenated last name like Smith-Shah or change your middle name to something create something similar such as Lady Shah Smith and Lord Smith Shah. Payment: The license fee varies by county, and you can look it up on the County Clerk's website. You can pay in cash, by pre-printed check with a California address, or a money order written out to the County Clerk.
Common Law Marriage in California
If you are divorced , you will need to know the exact date your divorce was finalized. If it was within the last 90 days, take your divorce decree with you. If your divorce is still not finalized, you will have to wait until it is. If you are in a Domestic Partnership with someone else, you may need to consult an attorney to dissolve that legal relationship first.
Under age consent: People younger than 18 need written consent of at least one parent or legal guardian and permission from a California superior court judge. You can be married by a judge, priest, minister or rabbi of any religious denomination who is 18 years old or over. Active and retired judges can also perform the ceremony. You probably know about people getting ordained online which allows them to perform marriage ceremonies.
Larger cities perform civil marriage ceremonies by appointment at City Hall. There is an extra fee for holding the ceremony there, but some of the locations are beautiful, especially the San Francisco City Hall. In Los Angeles County , you can apply for a marriage license online , but you have to pick up your license in person. You can get information about fees, civil ceremonies and other information at the County Clerk website. You'll find details at the County Clerk website , where you can also find the current license fee and locations for civil ceremonies.
If you print and fill out the application form you find on the website, you can save time when you get there. You can also make an appointment through their website up to 90 days ahead of time. Civil Ceremonies are performed at City Hall, weekdays only. The State of California recognizes marriages that are validly made in other states or foreign jurisdictions, as long as the marriage would be recognized in that jurisdiction.
For example, a marriage that was validly entered into and recognized in Massachusetts would still be considered valid and recognized in California if the couple moved to California. Consider speaking with a California family law attorney if you need legal assistance or have additional questions about California marriage law.
What You Need to Know About Getting a Marriage License in California
Marriage is likely one of the most important events of your life. It not only involves your emotions, but it changes your legal status. If you need assistance concerning the marriage laws in California, then you should talk to a family law attorney about your specific case. Find your Lawyer Explore Resources For Learn About the Law.
Legal Forms. Are you a Legal Professional? Popular Directory Searches. California Marriage Law. A couple could satisfy all the procedural prerequisites needed to get married and still find that their marriage is void or voidable. If one or both parties getting married were people getting married were already in another legally recognized marriage, then that marriage is considered to be void or voidable.
This scenario could happen unintentionally in a situation where one partner was under the mistaken conviction that they were already divorced from their former spouse. But also, there are dishonest partners who knowingly conceal the information on their former marital status from their current spouses.
Since California does not recognize bigamy, multiple marriages are not allowed. In some cases, the couple can be deemed to be putative spouses if, because of some mistakes, the marriage cannot be categorized as either valid, void or voidable. This is to mean that the couple will be considered married and community property laws will apply in their union. However, if the mistake that invalidates their marriage was intentional, then the spouses will not have the right to invoke the doctrine of putative spouse.
For instance, if a partner intentionally marries again before divorcing their former spouse or intentionally fails to acquire the marriage certificate, then he or she cannot be able to claim the putative spouse status. The community property law presumption will not be applicable if the court considers the marriage to be invalid, void, or voidable. The court will have the discretion to determine how the parties will share the assets. In most cases, the greater part of the estate to will go to the partner who essentially bought the items, just like in a real estate partition action.
Instances in which a marriage is voidable include when the union is between brothers and sisters, uncles and nieces, half-brothers and sisters, and aunts and nephews. A marriage between a couple where one of them is in an already existing and not terminated valid marriage is outrightly void. A bigamous marriage could also be voidable if a former spouse is not present and their whereabouts have not been known for at least five successive years before the subsequent marriage, or there is good reason to assume that the person was dead.
A marriage involving a minor or an adult of unsound mind is also voidable.
What is an Invalid Marriage in California? | Furman & Zavatsky LLP
Under California marriage law, if one spouse is deceived or coaxed into marriage, the court could find such a marriage voidable. If an individual is in two successive marriages, the latter is presumed to be valid.
source site In this case, the individual assailing the marriage bear the burden of proving that the former marriage had not been terminated by death or judicial dissolution. Married persons have the right to live together, but this is not a requirement for a marriage to be valid. For instance, spouses may live in different states or countries for employment reasons and this does not mean that their marriage is terminated.
Also, those who go through legal separation may choose to live separately, but they still maintain their marital status. Minors are permitted to marry in California as long as the minor is able to consent and understand what it means to be married as well as the responsibilities that come with marriage. Such marriages can only push through if the court grants permission for the underage person to marry. Before the order is obtained, the court may ask the minors to undergo a non-denominational premarital counseling.
Since this programs may quite expensive for the underage partners, the court may demand a certain fee from the minors. In order to marry, parental consent is required in the form of written permission from at least one parent of one or both minors. The court order granting authorization to marry and the written permission from the parents should then be filed with the court clerk in order to obtain a marriage license.
There are a few options that couples living together in California have when it comes to entering formal agreements. For one, they enter into a Living Together or Cohabitation Agreement. This is contractual agreement that is not related to marriage but can be used to clarify the rights and responsibilities of those cohabiting. Conversely, if a cohabitating couple is contemplating marriage at some point in time, they may want to consider creating a Prenuptial or Premarital Agreement under Family Code sections
- California Marriage License General Information.
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- Common Law Marriage;
- Same Sex Marriages & Domestic Partnerships in California;