Newport Beach Attorneys Helping With Putative Spouse Rights
California’s marital laws are unique. They cover some unconventional marital and living arrangements. Some of these include domestic partnerships, cohabitation and legal unions. As a result, partners who would not typically have certain rights in other states, do have those here.
What is a Putative Spouse?
A putative spouse is one of those beneficiaries of certain rights. A putative spouse is someone who has been living with someone under the assumption that they were married or in a domestic partnership.
So, if you assumed or believed that you were married to someone, and along the line, found out that marriage was invalid or voided, you can claim the same rights as those available to people seeking divorce.
A good example of this would be you getting married to someone only to find that they had another family all along.
According to the California Family Code Section 2251, once the courts determine that your marriage is void or voidable, and that you and/or your partner genuinely thought that the marriage was lawful, the courts will declare one or both partners in the marriage as a putative spouse.
What Does This Mean for You?
It means that if during the course of the marital union, you both acquired or contributed to the acquisition of property, assets, debts and finance, the putative spouse –you in this instance- has rights to them.
So, in compliance with the laws of the courts that labels all property, assets, and finance acquired during a marital union, as common property, these properties can be split between you two.
You could also be entitled to spousal support or alimony. And if there are children from the union, then, there will be hearings for child custody and support too. So, the processes are similar to that of people getting married and seeking a divorce.
The Role of “Good Faith” in Proving a Newport Beach Putative Spouse Case
A key part of every putative spouse rights case is something called “Good Faith”. The courts have to determine this before awarding any rights or benefits. Unlike divorce proceedings that are pretty straightforward, there are no set protocols or processes for determining good faith.
The courts often have to proceed and determine this on a case by case basis. This is because most putative spouse cases are usually unique and have unusual characteristics. To establish good faith, the courts have to see cogent proof that the petitioner actually believed that they had a lawful California marriage –that their marriage was recognized under California’s Family Law.
As a result, this yardstick is quite subjective. This is why cases like this are only judged on their merit, individual party’s beliefs and the facts presented. There has to be evidence that a lot of effort was put into the union under the impression that they were married.
Other factors that might be considered include tangible or objective evidence that the marriage wasn’t valid. The courts will also factor in the circumstances around the marriage.
Newport Beach Putative Spouse Attorneys Can Help
As you can see, the average putative spouse case is quite complicated and involves too many factors or moving parts. You need all the legal help and advice you can get from a competent putative spouse lawyer in Newport Beach.
Sarieh Law has very competent putative spouse attorneys in Newport Beach who have handled many similar cases.
If you want more information or would like to know what your rights are, call us today on (949) 542-6209.