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1. The identity of the parties.
No license must be granted when either of the parties, applicants therefor, is an imbecile, or insane, or who at the time of making the application, or proofs herein required, for said license, is under the influence of any intoxicating liquor, or narcotic drug; no license must be issued authorizing the marriage of a white person with a negro, mulatto or Mongolian. If the male is under the age of twenty-one years, or the female is under the age of eighteen years, and such person has not been previously married, no license must be issued by the county clerk unless the consent in writing of the parents of the person under age or o
eor one of such parents, or of his or her guardian is presented to him, duly verified by such parents or parent, or guardian; and such consent must be filed by the clerk, and he must state such facts in the license. For the purpose of ascertaining all the facts mentioned or required in this section, the clerk, at the time the license is applied for, may, if he deems it necessary in order to satisfy himself as to matters in this section enumerated. examine the male applicant for a license on oath, which examination shall be reduced to writing by the clerk, and subscribed by him. 1907-305.
69a. All persons about to be joined in marriage must obtain from the county clerk of the county in which the marriage is to be celebrated, in addition to the license therefor provided in section sixtynine of the Civil Code, a certificate of registry as provided in section three thousand and seventy-six of the Political Code, which shall contain among other matters as near as can be ascertained, the race, color, age, name and surname, birthplace, residence of the parties to be married, number of marriage and condition of each, whether single widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplaces of the parents of each, and the maiden name of the mother of each, which said certificate of registry shall be filled out as herein provided in the presence of the county clerk issuing the marriage license and shall then be presented to the person performing the ceremony and shall be filed by him with the county recorder within three days after the ceremony. 1909--1093.
70. Marriage may be solemnized by either a justice of the supreme court, justice of the district courts of appeal, judge of the superior court, justice of the peace, judge of any police court, city recorder, priest or minister of the gospel of any denomination. 1907–80.
71. No particular form for the ceremony of marriage is required, but the parties must declare in the presence of the person solemnizing the marriage, that they take each other as husband and wife.
72. The person solemnizing a marriage must first require the presentation of the marriage license; and if he has any reason to doubt the correctness of its statement of facts, he must first satisfy himself of its correctness, and for that purpose he may administer oaths and examine the parties and witnesses in like manner as the county clerk does before issuing the license. 1873–186.
73. The person solemnizing a marriage must make, sign and endorse upon or attach to the license a certificate showing:
1. The fact, time and place of solemnization; and
2. The names and places of residence of one or more witnesses to the ceremony.
3. A statement of the official position of the person solemnizing the marriage, or of the denomination of which said person is a priest or minister. 1919—156.
74. He must, at the request of, and for either party, make a certified copy of the license and certificate, and file the originals with the county recorder within thirty days after the marriage.
76. If no record of the solemnization of a marriage heretofore contracted, be known to exist, the parties may join in a written declaration of such marriage, substantially showing:
1. The names, ages, and residences of the parties. 2. The fact of marriage.
3. That no record of such marriage is known to exist. Such declaration must be subscribed by the parties and attested by at least three witnesses. 1873-187.
77. Declarations of marriage must be acknowledged and recorded in like manner as grants of real property.
78. If either party to any marriage denies the same, or refuses to join in a declaration thereof, the other may proceed, by action in the superior court, to have the validity of the marriage determined and declared. 1883–-3.
79. When unmarried persons, not minors, have been living together as man and wife, they may without a license, be married by any clergyman. A certificate of such marriage must, by the clergyman, be made and delivered to the parties, and recorded upon the records of the church of which the clergyman is a representative. No other record need be made. 1877—75.
79a. The provisions of this chapter, so far as they relate to the solemnizing of marriages, are not applicable to members of any particular religious denomination having, as such, any peculiar mode of entering the marriage relation; but such marriages must be declared, as provided in section seventy-six , and be acknowledged and recorded, as provided in section seventy-seven. Where a marriage is declared as provided in said section seventy-six, the husband must file said declaration with the county recorder within thirty days after such marriage, and upon receiving the same the county recorder must record the same; and if the husband fails to make such declaration and file the same for record, as herein provided, he is liable to the same penalties as any person authorized to solemnize marriages, who fails to make the return of such solemnization as provided by law. 1905–555.
ARTICLE III. Judicial Determination of Void Marriages. 80. Void marriages.
80. Either party to an incestuous or void marriage may proceed, by action in the superior court, to have the same so declared. 1880–4.
Section 82. Annulling marriages generally 85. Children, annulled marriage. 83. Commencement of action.
ent. 84. Illegitimate children
82. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
1. That the party in whose behalf it is sought to have the marriage annulled was under the age of legal consent, and such marriage was contracted without the consent of his or her parents or guardian, or person having charge of him or her; unless, after attaining the age of consent, such party for any time freely cohabitated with the other as husband or wife.
2. That the former husband or wife of either party was living, and the marriage with such former husband or wife was then in force.
3. That either party was of unsound mind, unless such party, after coming to reason, freely cohabit with the other as husband or wife.
4. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.
5. That the consent of either party was obtained by force, unless such party afterwards freely cohabited with the other as husband or wife.
6. That either party was, at the time of marriage, physically incapable of entering into the marriage state, and such incapacity continues, and appears to be incurable. 1873-187.
83. An action to obtain a decree of nullity of marriage, for causes mentioned in the preceding section, must be commenced within the periods and by the parties, as follows:
1. For causes mentioned in subdivision one: by the party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent; or by a parent, guardian, or other person having charge of such non-aged male or female, at any time before such married minor has arrived at the age of legal consent.
2. For causes mentioned in subdivision two: by either party during the life of the other, or by such former husband or wife.
3. For causes mentioned in subdivision three: by the party injured, or relative or guardian of the party of unsound mind, at any time before the death of either party.
4. For causes mentioned in subdivision four: by the party injured, within four years after the discovery of the facts constituting the fraud.
5. For causes mentioned in subdivision five: by the injured party, within four years after the marriage.
6. For causes mentioned in subdivision six: by the injured party, within four years after the marriage. 1873--188.
84. A judgment of nullity of marriage does not affect the legitimacy of children begotten before the judgment. 1905.—555.
85. The court must award the custody of the children of a marriage annulled on the ground of fraud or force to the innocent parent, and may also provide for their education and maintenance out of the property of the guilty party.
86. A judgment of nullity of marriage rendered is conclusive only as against the parties to the action and those claiming under them.
Dissolution of Marriage. Section
Section 90. Marriage, how dissolved. 99. Separation by consent, not · 91. Divorce.
desertion. 92. Causes.
100. Desertion generally 93. Adultery.
101. Consent revocable. 94. Extreme C
102. Desertion, cured, generally. 95. Desertion.
103. Husband's home. 96. Desertion, how manifested. 104. Husband, decent residence. 97. Fraud, desertion.
105. Willful neglect. 98. Absence, cruelty, not de 106. Habitual intemperance. sertion.
107. Same, one year. 90. Marriage is dissolved only: 1. By the death of one of the parties: or,
2. By the judgment of a court of competent jurisdiction decreeing a divorce of the parties. 1873–189.
91. The effect of a judgment decreeing a divorce, is to restore the parties to the state of unmarried persons. 1873–189.
92. Divorces may be granted for any of the following causes:
93. Adultery is the voluntary sexual intercourse of a married person with a person other than the offender's husband or wife.
94. Extreme crueltv is the wrongful infiiction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage. 1905—75.
95. Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.
: 96. Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party when there is no just cause for such refusal, is desertion.
97. When one party is induced by stratagem or fraud of the other party, to leave the family dwelling place, or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the strategem or fraud, and not by the other.
98. Departure or absence of one party from the family dwelling place, caused by cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other is not desertion by the absent party, but it is desertion by the other party.
Separation by consent, with or without the understanding that one of the parties will apply for a divorce, is not desertion.
100. Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during such absence or separation. 1873–189.
101. Consent to separation is a revocable act, and if one of the parties afterwards, in good faith, seeks a reconciliation and restoration, but the other refuses it, such refusal is desertion.
102. If one party deserts the other, and before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract, and solicits condonation, the desertion is cured. If the other party refuse such offer and condonation, the refusal shall be deemed and treated as desertion by such party from the time of refusal. 1873.—190.
103. The husband may choose any reasonable place or mode of living, and if the wife does not conform thereto, it is desertion.
· 104. If the place or mode of living selected by the husband is unreasonable and grossly unfit, and the wife does not conform thereto, it is desertion on the part of the husband from the time her reasonable objections are made known to him.
105. Willful negelct is the neglect of the husband to provide for his wife the common necessaries of life, he having the ability to do so; or it is the failure to do so by reason of idleness, profligacy, or dissipation.
106. Habitual intemperance is that degree of intemperance from the use of intoxicating drinks which disqualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon the innocent party. 1901.-337.
107. Willful desertion, willful neglect, or habitual intemperance must continue for one year before either is a ground for divorce.