Marriages between parents and children, ancestors
and descendants of every degree, and between
brothers and sisters of the half as well as the
whole blood, and between uncles and nieces or
aunts and nephews, are incestuous, and void from
the beginning, whether the relationship is
legitimate or illegitimate.
(a) A subsequent marriage
contracted by a person during the life of a former
husband or wife of the person, with a person other
than the former husband or wife, is illegal and
void from the beginning, unless:
(1) The former marriage has been dissolved or
adjudged a nullity before the date of the
subsequent marriage.
(2) The former husband or wife (i) is absent,
and not known to the person to be living for the
period of five successive years immediately
preceding the subsequent marriage, or (ii) is
generally reputed or believed by the person to be
dead at the time the subsequent marriage was
contracted.
(b) In either of the cases
described in paragraph (2) of
subdivision (a), the subsequent
marriage is valid until its
nullity is adjudged pursuant
tosubdivision (b) of Section
2210.
A marriage is voidable and may be adjudged a
nullity if any of the following conditions
existed at the time of the marriage:
(a) The party who commences the proceeding or
on whose behalf the proceeding is commenced was
without the capability of consenting to the
marriage as provided in Section 301 or 302,
unless, after attaining the age of consent, the
party for any time freely cohabited with the other
as husband and wife.
(b) The husband or wife of either party was
living and the marriage with that husband or wife
was then in force and that husband or wife (1) was
absent and not known to the party commencing the
proceeding to be living for a period of five
successive years immediately preceding the
subsequent marriage for which the judgment of
nullity is sought or (2) was generally reputed or
believed by the party commencing the proceeding to
be dead at the time the subsequent marriage was
contracted.
(c) Either party was of unsound mind, unless
the party of unsound mind, after coming to reason,
freely cohabited with the other as husband and
wife.
(d) The consent of either party was obtained
by fraud, unless the party whose consent was
obtained by fraud afterwards, with full knowledge
of the facts constituting the fraud, freely
cohabited with the other as husband or wife.
(e) The consent of either party was obtained
by force, unless the party whose consent was
obtained by force afterwards freely cohabited with
the other as husband or wife.
(f) Either party was, at the time of marriage,
physically incapable of entering into the marriage
state, and that incapacity continues, and appears
to be incurable.