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.