i have been with my "husband" for 15 years. i was wondering if the state of ca. recognizes common law as a legal marriage. and if so, can i change my last name to his last name. please no smart , mean answers. my husband is seriously ill and i need to know what my rights are. i tried to find out the info i need but i'm not very comuter literate. so, if anyone honestly knows what they are talking about , please please, let me know. thank you.
2007-01-13 15:03:52 · 6 answers · asked by anndee 2 in Family & Relationships ➔ Marriage & Divorce
Common Law marriage is not recognized in the state of California...however there are domestic partnerships.
As of 2005, California affords domestic partnerships most of the same rights and responsibilities as a California marriage. Among these:
Making health care decisions for each other in certain circumstances
Access to family health insurance plans
Sick care and similar family leave
Stepparent adoption procedures
Suing for wrongful death of a domestic partner
Rights involving wills, intestate succession, conservatorships and trusts
Some property and income tax provisions otherwise available only to married couples
Access to some survivor pension benefits
Supervision of the Superior Court of California over dissolution and nullity proceedings
Other rights and responsibilities incumbent in marriage have not yet taken effect (filing joint income-tax statements does not begin until the 2007 tax year) and some privileges are not available at all, particularly any federally administered programs. Likewise, some processes, such as the solemnization of a marriage by clergy has no counterpart in the domestic partnership statutes.
Currently, a couple that wishes to register must meet the following requirements:
Both persons have a common residence.
Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
The two persons are not related by blood in a way that would prevent them from being married to each other in California.
Both persons are at least 18 years of age.
Either of the following:
Both persons are members of the same sex.
The partners are of the opposite sex, one or both of whom is above the age of 62, and one or both of whom meet specified eligibility requirements under the Social Security Act.
Both persons are capable of consenting to the domestic partnership.
2007-01-13 15:20:36 · answer #1 · answered by motomouth_1965 4 · 0⤊ 0⤋
Conflict or anger itself does not have to cause an irreparable rift between partners. With good communication skills and a shared commitment to a marriage, even these are surmountable. How to save your marriage https://tr.im/RqjNZ
However, at that point where one partner is at the brink of abandoning the relationship, how can the remaining partner save their marriage? If you are at the point where your spouse has asked for a divorce, what can you do?
You must realize first that, you do have a choice. Often, when confronted by a crisis, we find ourselves backed into a corner thinking we have no choice in the matter. How can we change the situation when it involves another person's feelings or decisions? While we cannot, must not and in no way manipulate, blackmail or threaten our partner into changing their mind, we can actually control how we react to the situation. If anything, you must realize that you still have control over yourself. You have the opportunity to look inward and take responsibility for your own feelings and actions and even have the chance to take personal inventory of what your partner is trying to tell you. Are there points in your marriage that must be changed? If so, respond appropriately and proactively.
2016-02-11 16:17:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
California does not allow common law marriage to be established within its borders. However, it does recognize common law marriages established in states that allow for the establishment of common law marriage.
States that allow common law marriages to be established w/ in it's borders: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah
Common Law marriage is the same as regular marriage, but it has no formal paperwork.
2007-01-13 15:31:51 · answer #3 · answered by Poppet 7 · 0⤊ 0⤋
Common law marriage is NOT recognised in California. http://www.cadivorceonline.com/calpages/Alimony/commonlawmarriage.asp
Even in a state that has it, both parties have to agree that they want a marriage - the common law marriage just makes the marriage retroactive to when you started living together. (My cousin had such a marriage in New Hampshire.) So if your husband is too sick to enter into a regular marriage, he would not be able to legalize your common-law status either. There has to be intent to marry.
You might be able to change your name to his in a court, but that would not give you any legal rights to decide on things like health care for him.
You really must get a lawyer to protect yourself as best you can. Good luck!
2007-01-13 15:23:24 · answer #4 · answered by Maple 7 · 0⤊ 0⤋
Not sure about CA, I know South Dakota doesn't recognize it.
2007-01-13 15:06:59 · answer #5 · answered by Bryan M 5 · 0⤊ 0⤋
Try calling a lawyer...because you're going to need one eventually anyway.
2007-01-13 15:13:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋