Code Section

Family Code - FAM

DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452]

  ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255]

  ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )
  

CHAPTER 1. Void Marriage [2200 - 2201]
  ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

  
2201.  

(a) A subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless:

(1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.

(2) The former spouse (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.

(b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.

(Amended by Stats. 2014, Ch. 82, Sec. 24. (SB 1306) Effective January 1, 2015.)