Dating before a divorce is final
Couples who have registered with the California Secretary of State must now file for divorce.
There is no statutory definition of a marriage of short duration, however—there is only a presumption that if a marriage has lasted more than ten years, it is a marriage of long duration.Typical exceptions to the community property principle include inherited property and property received as a gift.In these cases, it is presumed that the spouse who inherited property—or received it as a gift—owns that property as “separate property” (and it is not subject to division). Parties may opt out of California’s community property system by entering into a valid prenuptial agreement.California does not recognize common-law marriages except where the parties resided in another state prior to moving to California and the relationship satisfies the requirements for a common-law marriage in that state.(Few states still recognize common-law marriages.) While California does not recognize common-law marriage, the state’s courts have found that non-married partners may contract with one another regarding their earnings and property rights.If one spouse is dating, for example, it may make it more emotionally difficult for the other spouse to proceed with the divorce.
The non-dating spouse may also become suspicious about when the relationship began.
This means that any person can file to end a marriage or domestic partnership without having to explain why (other than simply stating “irreconcilable differences”).
Nor is there a need to prove fault or “bad behavior” by the other party.
These non-marital contracts are commonly referred to as “Marvin Agreements.” These contracts may be express or implied.
Custody litigation is emotionally challenging and expensive.
For example, a party cannot in most cases obtain a legal benefit if the other party has committed adultery.