California Marriages

In dealing with relationships, the state of California legally recognizes three basic types. There are marriages, domestic partnerships and what is sometimes mistakenly referred to as common law marriage. A marriage in California is legally defined as being between two unmarried people, both at least 18 years old. To get married, the couple needs a marriage license issued by the state.

No blood test is required to get a marriage license in California. Both partners have to appear in person at the county Clerk of Court and show valid picture identification such as a driver's license or passport. If either has been married before, that person must provide the date of the divorce.

The couple can obtain either a public marriage license, which becomes public record, or a confidential license that is not a public record. The fee for a marriage license is about $80 and it is valid for 90 days. After the marriage is solemnized, by a minister, judge, or certain other public officials, the person performing the ceremony must submit the completed license to the court clerk within 10 days.

Domestic partnerships

Same-sex couples in the past, could not be married in California, but could register as domestic partners. To qualify, a couple must share the same residence, both be at least 18, and not be married to anyone else. The partners have to file a Declaration of Domestic Partnership with the California Secretary of State.

Once they receive the Certificate of Registration of Domestic Partnership, the partners have all the same "rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law...as are granted to and imposed upon spouses," according to state code.

Domestic partners also can "Divorce" if they choose. They just file a notice of termination with the Secretary of State and wait six months for it to become final. When the partnership ends, they will divide property, settle child custody issues and assign spousal support like any married couple.

Common law marriage and palimony

California does not recognize common law marriage as some states do. The idea that living together as a couple for seven years automatically becomes a marriage in the eyes of the law is a myth.

However, in the early '70s, a divorce attorney named Marvin Mitchelson set legal precedent when he argued that the long-time girlfriend of actor Lee Marvin had certain rights to property and support when the relationship ended.

The girlfriend, Michelle Triola Marvin, claimed half of the actor's estate after ending their six-year relationship. Mitchelson represented her and took the case all the way to the state Supreme Court, which handed down a decision in 1976.

The court agreed that unmarried partners that had lived together could demand a share of property under certain conditions. They had to convince a court that there had been a written or oral contract, or provide evidence the partner's behavior implied a contract, between the two to share the property during the relationship and in the future.

That decision was the beginning of what is now called "palimony" - for pal and alimony - and now provides some degree of protection for relationships not otherwise legally recognized as marriage in California.