What is a common law divorce?

A common law divorce is a form of legal separation recognized in California and other states. Common law divorce is not a legal marriage and is not recognized by the state, but it does allow a couple to separate or dissolve a relationship without having to go through a formal court process. Under California law, couples seeking a common law divorce must first prepare and sign a formal separation agreement that outlines the details of their divorce, including asset division, child support and custody, spousal support, and any other matters that need to be settled in order to separate. This agreement must then be sent to the county court clerk in the county where at least one of the parties lives. Once the agreement is filed, the court will issue a final common law divorce, which is then binding on the couple. Common law divorce is typically not a lengthy or complex process and is generally much less expensive than a court divorce. However, it should be noted that the couple remains legally married in the eyes of the state until their common law divorce is finalized. Therefore, any attempts to remarry without first obtaining a formal divorce will not be valid in California.

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What is a common law divorce?

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