On occasion, a husband or wife may question the validity of their marriage. One spouse may believe that a valid marriage exists while the other is convinced that a marriage is either invalid or has been properly dissolved. If one spouse contends that a valid marriage still exists then under California Family Code §309 a party can file suit to have the court determine the validity of the marriage.
This type of action can be commenced by either spouse at any point during their respective lifetimes. There is no “statute of limitations” In other words; a party can ask the court to determine the validity of their marriage at ANY time.
Another important point is the validity of a marriage does not have to be determined BEFORE filing for divorce. A party can simultaneously file for divorce and make a request for the court to determine the validity of the marriage. The divorce and validity of the marriage can then be decided in one case.