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Chapter 1. Void Marriage of California Family Law Code >> Division 6. >> Part 2. >> Chapter 1.
Marriages between parents and children, ancestors and
descendants of every degree, and between siblings of the half as well
as the whole blood, and between uncles or aunts and nieces or
nephews, are incestuous, and void from the beginning, whether the
relationship is legitimate or illegitimate.
(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.
(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.
