What are the grounds for a common law divorce?
In California, common law divorce is also known as an informal dissolution of marriage. This type of divorce is not legally recognized by the state and follows its own set of rules. Generally speaking, a common law divorce is not subject to traditional grounds of divorce like those found in statute. Rather, the parties involved must fulfill the conditions which they have agreed to in order to be able to legally divorce. Common law divorce usually requires a period of living apart and a full settlement of any property or money issues between the two parties. In California, common law divorce looks to the intent of the parties involved in order to determine if a valid divorce has occurred. Common law divorce typically requires that both parties agree to stop cohabitating, no longer view themselves as spouses, and formally terminate their marriage without an order from a court. The parties would also have to settle any financial matters between them, like dividing up assets and debts in a fair manner. Either party can freely end the common law marriage at any time, provided that both parties have agreed to the intent of the relationship from the start. It should be noted that common law marriages are not recognized by the state and that a court order is not needed for the marriage to be dissolved. The parties must fulfill their part of the agreement and settle any financial matters in order to complete a common law divorce.
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