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.1 Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.
.2 Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.
.3 Stepparent
A stepparent is an individual who is married to the parent of a child of whom he or she is not the natural parent.
For purpose of this section, a stepparent includes the California domestic partner of a parent.
.4 Unmarried Parent
An unmarried parent is a parent of a child included in the FBU who is not married to the child's other natural parent.
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.5 Common-Law Marriage
California law, in Civil Code Section 4104 recognizes any out-of-state marriage as valid as long as it is valid where contracted or performed. In cases in which there was no formal marriage, it may be that a common-law marriage was established in another state. If the parents state they are married to each other, it is assumed that they are lawfully married unless this is refuted by other evidence.
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Basic Requirements - Common-Law Marriages
In most of the states which recognize common-law marriages, two basic requirements must be met:
1. Agreement Must Exist to Become Husband and Wife - This agreement may consist of a written contract but usually is just a simple, oral statement such as "I take you for my wife" or "You are now my wife." The words used must be in the present tense, and must express an intent to assume the relationship of husband and wife at the time involved and not at some future time. The parties have capacity to enter the agreement. This means that (1) they must be of sound mind; and (2) they must be of the minimum age. At common-law and in most states which recognize common-law marriages, the ages are 14 for the male and 12 for the female.
2. Must be Cohabitation Following the Verbal or Written Statements -Cohabitation is described as living together as husband and wife, each assuming the marital duties implicit in the relationship, usually including but not necessarily predicated on, sexual relations.
If these two facts are established and the state where they occurred recognizes common-law marriages, a marriage is in existence which is valid for all purposes in California and which can only be dissolved by formal divorce even in the state in which it was created. There is no such thing as an informal divorce in the United States.
CHART - SUMMARY OF STATE LAWS ON COMMON-LAW MARRIAGE
The following chart is intended to give the worker a general idea of the possibility of a valid common-law marriage in the various states. The chart will not provide all the answers. If the details of the law of a particular state are needed, the county counsel or district attorney or the legal staff of the SDBP should be consulted.
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Mutual Additional Requirements
State Agreement Cohabitation of Comments
Alabama x x Mutual assumption of
marital duties
Alaska Abolished 1917
Arizona Abolished 1913
Arkansas Abolished 1905
California Abolished 1895
Colorado x x
Connecticut Abolished
Delaware Never recognized
Dist. of Columbia x x
Florida x x Cohabitation of mutual
assumption of marital
duties meets requirement
Georgia x x Consummation according
to law
Hawaii Abolished
Idaho x Mutual assumption of
marital duties
Illinois x x Abolished 1905, except
Quakers
Indiana x x Abolished 1/1/58; open
acknowledgment of
the relation
Iowa x x
Kansas x Holding each other out to
public as husband and wife
Kentucky x Abolished
Louisiana Never recognized
Maine Probably not valid.
No cases.
Maryland Abolished
Massachusetts Abolished; but
can prove marriage by
cohabitation
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Mutual Additional Requirements
State Agreement Cohabitation of Comments
Michigan x x Abolished 1/1/57
Minnesota x x Abolished 4/26/41
Mississippi x x Abolished 4/5/56
Missouri Abolished 3/31/21
Montana x x Assumption of marital
relationship and repute
in the community
Nebraska x x Abolished 1923.
Holding out to public
Nevada x Abolished 3/29/43
New Hampshire Abolished
New Jersey x Abolished 12/1/39
New Mexico x x Abolished since 1929
New York x x Valid prior to 1902
and from 1/1/08
4/29/43. Abolished
4/29/43. Open
assumption of marital duties
North Carolina Abolished
North Dakota Abolished 1890
Ohio x x Holding each other out
as husband and wife
Oklahoma x x
Oregon Abolished
Pennsylvania x
Rhode Island x x
South Carolina x
South Dakota x x Abolished 7/1/59,
marriage in fact,
need exceptional
circumstances
Tennessee Abolished
Texas x x Holding each other out
to public as husband and wife
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Utah Abolished
Vermont Abolished
Virginia Abolished
Washington Abolished
West Virginia Abolished
Wisconsin Abolished 1917
Wyoming Abolished 1931;
standards unclear
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.6 California Domestic Partner
An individual who:
.61 has a Declaration of Domestic Partnership registered with the California Secretary of State, or
.62 is a member of a legal union, other than marriage, of two persons of the same sex validly formed in another jurisdiction, and substantially equivalent to a California registered domestic partnership.
NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code; and Sections 297, 297.5, 298.5 and 299.2, Family Code.