If I am married by common law in California do I have to file for a divorce?

There is no general procedure entitled “common law marriage divorce” because, unfortunately, there is no such thing as a common law marriage divorce.  In order to get a divorce of a common law marriage, you would need to file with the court for dissolution of marriage. While the common law marriage itself is not necessarily filled with procedures (as those states who have it allow it a function of law), ending a common law marriage must be done in a similar fashion to a regular marriage.

Ending a Common law marriage may become difficult in terms of separating assets or determining the manner and acquisition of such assets, especially if you’ve moved from a common law marriage state to a community property, no common law marriage state, like moving from Colorado to California. You should speak with an experienced divorce attorney who can guide you thru the dissolution of common law marriage process and ensure that your rights and assets are protected.