Justice of the Peace, Mayor, priest, or minister of the gospel of any denomination. 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. NOTE.-No contract of marriage, if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.-Cal. Const., Art. XI, Sec. 12. requisites. 72. The person solemnizing a marriage must first Substantial require the presentation of the marriage license, and satisfy himself that it substantially conforms to Section 69, and that the facts set forth in it are true. For this purpose he may rely upon the license or may administer oaths and examine the parties and witnesses in like manner as the County Clerk does before issuing the license. of marriage 73. The person solemnizing a marriage must Certificate make, sign, and indorse upon or attach to the license. a certificate, showing: 1. That he believes the facts stated to be true, and that upon due inquiry there appears to be no legal impediment to the marriage; 2. The names and places of residence of one or more witnesses to the ceremony; 3. The fact, time, and place of solemnization. to parties Recorder. 74. He must, at the request of, and for either Certificate party, make a certified copy of the license and certifi- and cate, and file the originals with the County Recorder within thirty days after the marriage. tion of how made. 75. Persons married without the solemnization Declaraprovided for in Section 70 must jointly make a declar- marriage. ation of marriage, substantially showing: Declaration to contain what. To be acknowl edged and recorded. Action between to 1. The names, ages, and residence of the parties; 2. The fact of marriage; 3. The time of marriage; 4. That the marriage has not been solemnized. 76. If no record of the solemnization of a marriage is known to exist, the parties may join in a declaration of such marriage, substantially showing: 1. The names, age, and residence of the parties; 2. The fact of marriage; 3. That no record of such marriage is known to exist. 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 the parties same, or refuses to join in a declaration thereof, the other may proceed, by action in the District Court, to have the validity of the marriage determined and declared. determine validity. CHAPER II. DIVORCE. ARTICLE I. NULLITY. II. DISSOLUTION. III. CAUSES FOR DENYING DIVORce. IV. GENERAL PROVISIONS. ARTICLE I. NULLITY. SECTION 82. Cases where marriage may be annulled. 83. Action to obtain decree of nullity in certain cases, when and by whom commenced. 84. Children of annulled marriage. 85. Custody of children. 86. Effect of judgment of nullity. ! where may be 82. A marriage may be annulled for any of the Cases following causes, existing at the time of the marriage: marriage 1. That the party seeking to have the marriage annulled. annulled was under the age of legal consent; unless, after attaining the age of consent, such party for any time freely cohabited 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 cohabited 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 married state, and such incapacity continues, and appears to be incurable. NOTE.-1 Cool. Bl. Comm., pp. 435-440. Antenuptial fraud, Baker vs. Baker, 13 Cal., p. 87. Previous marriage, Fuller vs. Fuller, 17 Cal., p. 605. Devanbaugh vs. Devanbaugh, 5 Paige, p. 554; 6 Paige, p. 175. obtain 83. An action to obtain a decree of nullity of Action to 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 1: by either party to the marriage, or by a guardian or relative, within four years after arriving at the age of consent; 2. For causes mentioned in Subdivision 2: by either decree of certain nullity in cases, when and by whom commenced. Same. Children of annulled marriage. Custody of children. Effect of judgment party during the life of the other, or by such former husband or wife; 3. For causes mentioned in Subdivision 3: 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 4: by the party injured, within four years after the discovery of the facts constituting the fraud; 5. For causes mentioned in Subdivision 5: by the injured party, within four years after the marriage; 6. For causes mentioned in Subdivision 6: by the injured party, within four years after the marriage. 84. Where a marriage is annulled on the ground that a former husband or wife was living, or on the ground of insanity, children begotten before the judgment are legitimate, and succeed to the estate of both parents. NOTE.-Graham vs. Bennett, 2 Cal., p. 503. 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 of nullity. is conclusive only as against the parties to the action and those claiming under them. ARTICLE II. DISSOLUTION OF MARRIAGE. SECTION 90. Marriage, how dissolved. 91. Divorce, what. 92. Causes for divorce. 93. Adultery defined. 94. Extreme cruelty, what. 95. Desertion, what. SECTION 96. Desertion, how manifested. 97. In case of strategem or fraud, who commits desertion. 98. In case of cruelty, where one party leaves the other, 99. Separation by consent not desertion. 100. Separation and intent to desert not always coincident. 102. Desertion, how cured. Effect of refusing condonation. 104. If the place is unfit, and wife refuses to conform, it is 105. Willful neglect, what. 106. Habitual intemperance, what. 107. Habitual intemperance for one year. 90. Marriage may be dissolved: 1. By the death of either of the parties; or, 2. By a divorce adjudged by a Court of competent jurisdiction. Marriage, how dissolved. what. 91. Divorce is a judgment dissolving the marriage Divorce, and restoring the parties to the status of unmarried persons. NOTE.-Divorces were sanctioned by the Mosaic law. It is said (Deuteronomy, chapter xxiv: verses 1, 2, 3, and 4) that: "1. When a man hath taken a wife and married her, and it come to pass that she find no favor in his eyes because he hath found some uncleanness in her, then let him write her a bill of divorcement and give it in her hand, and send her out of his house; "2. When she has departed out of his house, she may go and be another man's wife; "3. And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die which took her to be his wife; "4. Her former husband which sent her away may not take her again to be his wife, after that she is defiled, for that is an abomination before the LORD; and thou shall not cause the land to sin which the LORD thy God giveth thee for an inheritance." See, also, Matthew v: 31; Mark x: 4. The Roman law, from the earliest period, permitted divorces pretty much at the pleasure of either party.-Rees' Cyc., Art. Divorce; Head vs. Head, |