Legal Question in Disability Law in California

Can a developmentally disabled couple legally marry in the states of California or Michigan?


Asked on 11/23/10, 6:51 am

1 Answer from Attorneys

James Sanchez Law Office of James V. Sanchez

California family code section 301 allows any unmarried man and unmarried woman, of at least 18 years of age, to consent to be married. Family code section 2210 states that being of unsound mind would be a cause for a nullity action (annulment), but that is in issue of sanity, and mentally handicapped individuals are outside that bound, normally.

One issue that comes up, however, is whether both parties are capable of making their own legal decisions, or if they have been stripped away in a legal proceeding. If not, then congratulate both husband and wife for me.

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Answered on 12/02/10, 5:47 pm


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