Myth # 1: My husband needs to agree to the divorce, or I can’t get a divorce.
False: You can file for divorce, and you can move forward with your divorce even if the other spouse does not want to move forward with a divorce. Generally, you need to be a resident of the county where you file for divorce for at least three months, and you need to be a resident of the state of California for at least six months.
Myth # 2: We can create a common law marriage in California?
False: You cannot enter into a common law marriage in California. However, if you had a common law marriage that was recognized by another state, then California will recognize the validity of your marriage under the Full Faith and Credit Clause of the USA Constitution.