What Makes a Marriage Valid in California? Laws, Requirements, and Legal Exceptions

Marriage in California is a valid civil contract between a man and a woman who are both free and capable of marriage and consent. Marriage is considered a partnership that is permanent and dissoluble only judicially, not by the consent of the partners. In California, it must be licensed, witnessed, and registered. Our state has not accepted common law marriages arising within its jurisdictional boundaries. Mere cohabitation in and of itself has no legal significance and no bearing upon any rights in property that the partners may acquire.

Legal Foundations of Marriage in California

Marriage is more than a symbolic or emotional partnership; it is a legal institution that carries binding responsibilities and rights. Under California law, a marriage cannot be valid unless it meets specific legal requirements. The state mandates these requirements to protect the parties involved and ensure that marriages are entered into with full understanding and consent.

At its core, California law treats marriage as a civil contract, which means that both parties must have the legal capacity to enter into such a contract. They must understand the obligations they are taking on, be free from coercion, and not already be married to someone else.

Legal Prerequisites for a Valid Marriage

To understand what makes a marriage valid in California, it is essential to unpack each element required under the law.

Consent and Capacity

Both individuals must consent to the marriage willingly. This means they must be of sound mind and not under the influence of drugs or alcohol at the time of consent. If a party was incapacitated during the ceremony or lacked mental understanding, the marriage may later be challenged as voidable.

Minimum Age Requirements

California law requires individuals to be at least 18 years old to marry without restrictions. Those under 18 must obtain both parental consent and a court order. This legal safeguard ensures that minors are not coerced or exploited in matrimonial decisions.

Marriage License

A marriage license must be obtained from the county clerk’s office. It is valid for 90 days, and there is no required waiting period to use it. Without this license, a marriage is not legally recognized.

Authorized Officiant and Witness

The marriage must be solemnized by a person legally authorized to perform ceremonies, such as clergy, judges, or county officials. Additionally, at least one witness must be present at the ceremony.

Official Registration

After the ceremony, the officiant is responsible for completing the marriage certificate and returning it to the county for official registration. This step finalizes the legal record of the marriage.

Understanding Common Law Marriage in California

It is a common misconception that living together for a long time automatically grants a couple legal marriage status. However, California does not recognize common law marriage regardless of how long a couple cohabits. No legal rights, protections, or obligations arise from cohabitation alone. To access marital benefits and responsibilities, a formal legal marriage is required.

The Legal Nature of Marital Status

In California, marital status affects more than just how a couple is viewed socially. It has legal ramifications for:

• Taxes: Married couples can file jointly, often resulting in financial benefits.
• Estate Planning: Spouses inherit assets by default if a partner dies intestate.
• Healthcare Decisions: Spouses often have medical decision-making authority.
• Immigration: A U.S. citizen can sponsor a foreign spouse for residency.
• Government Benefits: Social Security and veterans’ benefits often require legal spousal status.

Failure to properly document a marriage can create legal complications across any of these domains.

Nullity of Marriage: When Is a Marriage Considered Invalid?

The nullity of a marriage depends upon statute. Statutory requirements for valid marriages refer solely to the circumstances at the time of the marriage. California courts will not determine a marriage to be null and void unless there was something wrong at its inception. A void marriage is void from its beginning. A ceremonial marriage, on the other hand, is presumed valid until declared null by proper judicial proceedings.

Void vs. Voidable Marriages: Legal Distinctions

In a voidable marriage, one or both spouses must choose to dissolve it through the courts. Unlike voidable marriages, however, void marriages may be asserted and challenged in any proceeding wherein the fact of marriage is material. There is no statute of limitations affecting challenges to void marriages, unlike the law governing voidable marriages, which must be attacked during their existence. A void marriage may be attacked directly or collaterally during the lifetime of both spouses or after the death of either.

The Presumption of Validity in Successive Marriages

When a person has entered into two successive marriages, the latter is presumed to be valid. The burden of proof is on the party assailing the marriage to show that the prior marriage had not been dissolved by death or judicial dissolution.

This presumption serves a critical function by protecting individuals who may have entered a new marriage believing in good faith that their previous marriage had legally ended.

Statutory Restrictions on Marriage

Voidable marriages include brothers and sisters, half-brothers and sisters, uncles and nieces, and aunts and nephews. Void marriages also include those contracted by a person bigamously, such as with an already existing and not terminated valid marriage.

These prohibitions reflect public policy considerations and are rooted in preventing abuse and preserving family structures.

Special Circumstances: Bigamy, Mental Capacity, Duress, and Fraud

A marriage is voidable when a marriage is bigamous, wherein a former spouse is absent and not known to be living for at least five successive years immediately preceding the subsequent marriage, or was believed to be dead. Voidable marriages also include those involving a minor or if one is of unsound mind. Where one or the other spouse marries under duress or fraud is also voidable under the law.

Examples include:

• Mental Incapacity: A party lacked the mental ability to understand marriage responsibilities.
• Duress: Marriage was the result of pressure or threats.
• Fraud: One party was misled about significant facts (e.g., intent to have children, citizenship status).

Is Cohabitation Required for Legal Marriage?

Finally, cohabitation is a right of married persons, but a marriage doesn’t need to be valid. A valid marriage could be performed in the proper ceremonies and according to a license. The couple could then live apart but still be validly married.

Expanded Scenarios That May Affect Legal Recognition

Marriages Conducted Outside California

California generally recognizes marriages performed in other jurisdictions so long as they were legal where performed. However, recognition may be denied if the marriage violates strong public policy, such as incestuous or polygamous unions.

Religious Marriages vs. Civil Marriages

Religious ceremonies alone are insufficient for legal recognition unless accompanied by a civil license and proper registration. Couples married only through a church, mosque, or synagogue must still file with the state.

Frequently Asked Questions

Is a marriage valid if one party was drunk during the ceremony?

It may be considered voidable due to lack of capacity, depending on evidence and subsequent behavior.

Can I marry my cousin in California?

Yes, California allows marriage between first cousins.

What if I never filed my marriage license? Am I still married?

No. Without proper filing and registration, your marriage may not be legally recognized.

Does California recognize same-sex marriages?

Yes. California recognizes and protects the rights of same-sex couples to marry.

Can I remarry if my spouse is missing for years?

Only after five continuous years of the spouse being absent and believed dead, and through court procedures.

How do I annul a marriage based on fraud?

File a petition for annulment in Superior Court and present evidence of misrepresentation or deception.

Reape Rickett: Your Legal Partner for Marriage and Family Law in California

Navigating the complexities of California marriage law can be overwhelming, especially when your rights, future, and family relationships are on the line. Whether you’re seeking to validate your marriage, file for annulment, or understand your rights as a spouse, the attorneys at Reape Rickett are here to guide you.

Our experienced legal team is committed to helping clients through all stages of marriage and family law matters. With offices across California and a proven track record in court, Reape Rickett offers the clarity and legal protection you need.

Schedule a confidential consultation today by visiting Reape Rickett – Family Law Experts.