Divorce and the Elements of the Valid Marriage

 At the Law Office of David P Schwarz we have practiced in the area of Orange County marriages for many years. We also are experienced in Divorce proceedings. Please call our office at 949 735 9266 or contact us via the web. We can also be reached by email at dpslaw66@gmail.com.

A divorce lawyer will argue on your behalf for a valid marriage under California law. They require the consent of the parties to a civil contract. To validate the marriage, the consent must be followed a license, a solemnization and authentication. 

The conditions for the creation of a valid marriage lie within the sole province of the Legislature.  “there can be no question but that marriage is a matter of statewide concern rather than a municipal affair … and that state statutes dealing with marriage prevail over any conflicting local charter provision, ordinance, or practice”]

Noncompliance with the requirements by a nonparty to the marriage does not invalidate the marriage. For instance, an otherwise valid marriage would not be invalidated by the failure of the person solemnizing the marriage to return the certificate of registry.

On the other hand, a marriage will be invalidated by the parties' failure to comply with the statutory requirements.

A Divorce Lawyer will assist you if you try to validate a marriage that did not fit the requirements for a legal marriage in Orange County, California. However, in California the state has abolished the concept of “common law marriage.” A valid marriage cannot be created in California solely by the parties' consent or mere cohabitation.

At the Law Office of David P Schwarz we will make sure that any person who attempts to get marriage has the capacity to do so. A valid marriage may be entered into only by parties who are “capable of making” the contract of marriage.

A clerk may not issue marriage license if either party lacks capacity to enter into valid marriage]

 The future spouses must have the capacity to enter into any ordinary civil contract which means they must be at least age 18  and “not otherwise disqualified” which means not of “unsound mind” or deprived of civil rights.

A Divorce lawyer can assist you if you need an appointment of a conservatorship of the person which does not affect the conservatee's capacity to marry absent a court determination otherwise in the conservatorship proceeding. Mental capacity required to begin marriage is low although persons under conservatorship generally are without contractual power, they still may have marital capacity.

Minors (under age 18) are capable of consenting to and consummating a valid marriage upon obtaining a court order granting them permission to marry. They only need a

court order and written consent of at least one of the parents or the guardian of each minor must be filed with the clerk of the court and A certified copy of the court order must be presented to the county clerk at the time the marriage license is issued.

At the Law Office of David P Schwarz we are skilled Divorce lawyers who can assist future spouses in getting marriage In Orange County. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.