Legal Question in Family Law in California
I seek an annulment of a marriage. We were married in Nevada BUT with a California license. married in INcline Village , Nev at the pastors home but with a California Marriage license.
2 Answers from Attorneys
You have a bit of a problem. A California marriage license is only valid for marriages conducted in California. The problem that you relate usually occurs around the Lake Tahoe area, since Lake Tahoe straddles both the Nevada and California borders.
The statutory grounds for a nullity of marriage are set forth in Family Code section 2200-2201. Those grounds cover situations such as bigamy, incest, fraud, and mental incapacity. They do not cover situations involving licensing and solemnization problems. The mandatory Judicial Council petition also does not carry the ground that you specify.
My big question to you, is whether you actually acknowledge the marriage on the certificate when you returned to California? This would be determinative of whether your marriage is valid, and not where you held the ceremony.