ONCALL
...Family Law
......Marital Status
8 Cards On This Topic:

No error in concluding 2010 Hindu marriage ceremony in India was not legally binding on H, who was not domiciled in India and did not voluntarily submit to be bound by the Hindu Marriage Act.

Date of marriage is a legal issue and not subject to judicial admission.

A person who believes, mistakenly but in good faith, that he or she has been divorced can qualify as a putative spouse.

The operative date to determine putative spouse status is the date of the marriage.

A bigamous marriage which is valid in a foreign jurisdiction is void in CA.

The public policy exception to comity doctrine precludes recognition of foreign law where it is offensive to our public policy and prejudicial to recognized standards of morality.

Statutory exceptions to the marital privilege do not include the spouses’ separation prior to dissolution or for the marriage becoming nonviable.

Because public policy strongly favors marriage, the fraud necessary to obtain a nullity must be shown by clear and convincing evidence.