Legal rights on marriage in california

Each person must provide government-issued ID and proof that each are both over the age of The couple will fill out a marriage license application. In most counties, you can download the application and fill it out in advance. It is not required to be a California resident.

A blood test or health certificate is not required. Upon receiving the marriage license, it will be valid for 90 days. Second, a marriage ceremony must be performed within 90 days by an authorized person who can solemnize a marriage. The marriage license must be signed by the authorized person who performed the marriage ceremony. One other witness must also sign the marriage license.

The document must be filed at the same office where the license was issued to be recorded within ten days of the ceremony. In some county offices, you may be able to have the ceremony performed the same day for an extra charge. In a word: anywhere.


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All county clerk offices that issue marriage licenses must accommodate same-sex couples. In California, persons who are legally authorized to perform marriage ceremonies include:.

Supreme Court;. Further, a couple can also have a friend deputized to perform their marriage ceremony.

What Is A Valid Marriage Contract In California - Reape-Rickett

Marriage licenses are indeed public records. Check the specific requirements for confidential marriage licenses with each county. The confidential marriage certificate will be recorded in the county in which the license was issued. It will only be available to each spouse. Persons other than the spouses may get a copy of a confidential marriage license only through a court order. The record only indicates that each individual is married. California law permits two people to be both in a domestic partnerships and married.

This is so long as it is to the same person. California regulates business establishments that provide goods or services to the public.


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Under California law, it is illegal for such businesses to discriminate on the basis of sexual orientation, gender identity, gender expression, or marital status. This applies regardless of the religious beliefs of a business owner or employee.


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  4. Yet, such protections may not apply to private clubs and organizations that are member-based and do not serve the general public. The exemption applies to members of the clergy, churches, and other religious organizations. They are NOT required to perform same-sex marriages. But, there are many churches that welcome same-sex couples to marry within that faith. The only way to end a marriage is to legally divorce. To divorce in California, at least one party must be a California resident for at least six months.

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    They must also be a resident of the county in which the divorce is filed in for three months before filing. Community property includes all financial obligations debts accumulated during your marriage or domestic partnership. This is true even if the debt was incurred by only 1 of you, or even if a credit card was in the name of 1 spouse or partner only. In California, each spouse or partner owns one-half of the community property.

    And, each spouse or partner is responsible for one-half of the debt.

    Maintaining Separate Property

    Community property and community debts are usually divided equally. You may have more community property than you realize. For example, you may not know that if your spouse or partner has a pension plan, you have the right to part of the money in that plan if any of it was earned during your marriage or domestic partnership.

    You may also have more community debts than you realize. Your spouse or partner may have gotten into debt in his or her own name that you are not aware of. If the debt was incurred during your marriage or domestic partnership, it belongs to you too.

    How To Terminate Spousal Support On Long Term California Marriage

    Quasi-community property is any type of property that was acquired by either one or both spouses or domestic partners when living in another state that, had it been acquired while living in California, it would have been considered community property. In other words, if you or your spouse or partner were living outside of California during your marriage or partnership, and you had any earnings, bought any real estate, or acquired any other type of property that in California would be community property, that property is called quasi-community property.

    And, in a divorce or legal separation in California, it will be treated as community property. For example, if you and your spouse were living in New York during part of your marriage, and you were both working and bought a car there. Now, you are living in California and are filing to get divorced or legally separated. The earnings from your respective jobs in New York plus the car are quasi-community property because, if you had been working and bought that car in California, they would have been considered community property.

    So, in the California divorce, the earnings and car will be treated as community property. Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property. Rents, profits, or other money you earn from your separate property is also separate property.

    State of California Marriage License, CA

    And property you buy with separate property is also separate property. Separate property is also anything that you acquire after the date of separation, including money you earn. This is 1 of the reasons why the date of separation is so important. It can determine whether certain property or debt is community or separate property. If you have separate property, it belongs only to you, as long as it was kept separately. Debts can be separate property too, such as credit cards you might get after the date of separation. Always look at the source of the money used to buy an item.

    Options to End Marriage or Domestic Partnership

    In this way, you can decide if the item is separate property or community property. Sometimes things are part separate property and part community property. When property is a combination of separate or community property, it can get very complicated to figure out how to divide it. A common situation is when 1 party owned a house before the marriage or domestic partnership and then sold it and used the proceeds as a down payment on another house after getting married, or after registering a domestic partnership. The down payment for this new house would be considered separate property since the money came from selling a house that 1 person owned before the marriage or partnership.

    But, if the mortgage payments on the new house are made during the marriage or partnership using the earnings of either 1 of you, the equity value resulting from paying down the house loan is community property. The result is that the equity in the house is commingled. The contributions you each made to your pension before the marriage or registered domestic partnership are separate property. The contributions made after the date of marriage or registration of the domestic partnership and before you separated are community property.

    After you separate, those contributions go back to being separate property. Exactly how the pension is divided is complicated and you may need an expert in pension plans to help you figure it out.