In 2023, the United States continued to see a decline in divorce rates. The national average divorce rate was approximately 2.4 per 1,000 people last year. This reflects a broader trend of fewer marriages ending in divorce.
First marriages, unfortunately, still had a relatively high divorce rate of around 35–50%. Second marriages, on the other hand, faced an even greater chance of ending in divorce, with rates ranging from 60–70% or possibly even higher. Nearly 69% of divorces were initiated by women, often due to unmet needs and infidelity.
Let’s take a look at the concept of putative marriages. California putative spouses believe himself or herself to be married in good faith and are given legal rights as a result of this person’s reliance upon this good-faith belief.
Unlike someone in a regular marriage, whether it is common-law, statutory, or ceremonial, a putative spouse is not considered legally married because they have not met the specific legal requirements for marriage.
Definition of Putative Spouse
When defining putative spouses, it’s important to understand the legal implications of divorce or legal separation cases. A putative spouse enters a marriage or domestic partnership with a genuine belief that it is valid and legal.
Both parties hold this belief, even if the marriage or partnership is later found void or voidable. Legally, a putative spouse is treated as if they were married, granting them certain rights and protections, especially in divorce or legal separation.
This concept is important when one party discovers their marriage isn’t legally valid due to a technicality, like an issue with the marriage license. A putative spouse may still have rights to property division, spousal support, and other benefits given to a legally recognized spouse.
Requirements for Putative Spouse Status
Here are the criteria that must be met to qualify for putative spouse status in California.
- You must have sincerely believed that your marriage was valid and legally recognized. In other words, you genuinely thought you were married, not just living together.
- There is a legal issue preventing your marriage, such as someone already being married or a mistake made during the marriage process.
- You must have acted like a married couple, presenting yourselves as spouses to others and doing things usually associated with marriage.
- You must not have known about the obstacle to the marriage when you sought putative spouse status.
Meeting these conditions is necessary to qualify as a putative spouse in California.
Rights of a Putative Spouse
Section 2251 of the California Family Code is the legal provision that deals with putative spouses. It states that if a marriage is found to be invalid or potentially invalid, and if one or both parties genuinely believed that the marriage was valid, the court will recognize them as a putative spouse. This status then grants them rights that otherwise they would not have.
In these situations, California law grants the putative spouse benefits similar to those of a legal spouse. Regarding property division, a putative spouse may be entitled to a fair share of the property gained during the supposed marriage. This division is designed to prevent one party from gaining an unfair advantage at the expense of the other.
According to Jonas Law Firm, some states like North Carolina don’t recognize the putative spouse doctrine, but some North Carolina court decisions use the same equitable principles. It is always best to seek legal advice when dealing with property division.
In CA, a putative spouse may also seek spousal support or alimony to help maintain their standard of living post-separation. This is only done at the request of the party who is declared a putative spouse. A putative spouse is also entitled to succeed to an intestate share of the decedent spouse’s estate.
This means that if your partner dies, you cannot inherit from your partner’s estate unless you have putative spouse status and your partner named you as an heir in their will.
Responsibilities of a Putative Spouse
When dealing with divorce or legal separation in California as a putative spouse, it is important for you to understand your responsibilities in order to achieve a fair outcome. You must act in good faith during the legal process, which indicates sharing all relevant information about your relationship and finances.
One of your main responsibilities is to collaborate with the court and provide any required documents or testimony. It is important to be open and honest to prevent any problems or delays in the process. You must comply with court orders or directives regarding the division of assets, payment of support, or arrangements for child custody.
As a putative spouse, you should get legal advice and representation to handle the complications of the legal system. Having a lawyer by your side can be incredibly helpful in ensuring that you fully understand your rights and responsibilities. They are able to offer guidance and support, assisting you in making informed decisions.
By fulfilling these responsibilities, you can help guarantee a fair and smooth resolution of your divorce or legal separation.
Impact on Divorce Proceedings
When putative spouses decide to divorce, the court will take into account several factors when deciding how to divide the assets, including how long the couple has been together, their financial contributions, and the efforts they have made to maintain their shared home.
As a putative spouse, you may also be responsible for debts incurred during the relationship, emphasizing the importance of understanding your legal rights and obligations. By being prepared and informed, you can better protect your interests and have a fair resolution considering your contributions and sacrifices during the relationship.
Conclusion
Despite the marriage being invalid due to legal technicalities, a putative spouse is granted rights similar to those of a legally recognized spouse. This includes rights to property division, spousal support, and inheritance, provided they genuinely believed in the validity of their marriage.
If you have issues with obtaining your putative spouse status, you can consult a family lawyer.
