“Marriage is a civil contract [Fam. Code, § 300] that can only be terminated in one of three ways: [Fam. Code, § 310]: (1) The death of one of the parties; (2) A judgment of dissolution of marriage; and (3) A judgment of nullity.”
“If a marriage is performed outside of California and is valid under the laws of the jurisdiction in which the marriage was performed, it will be deemed valid in California. [Fam. Code, § 308] Further, though California does not recognize common law marriage, if a valid common law marriage is contracted in another state that recognizes common law marriages, California will recognize that as a valid marriage. [In re Marriage of Smyklo, 180 Cal. App. 3d 1095, 226 Cal. Rptr. 174 (1st Dist. 1986)]”
“Marriage arises out of a civil contract, but it is a special kind of contract that does not require the same level of mental capacity of the parties as other kinds of contracts. Mental capacity can be measured on a sliding scale, with marital capacity requiring the least amount of capacity, followed by testamentary capacity, and on the high end of the scale is the mental capacity required to enter contracts. [In re Marriage of Greenway, 217 Cal. App. 4th 628, 158 Cal. Rptr. 3d 364 (4th Dist. 2013)]”
“Marriage is one of the vital personal rights essential to the orderly pursuit of happiness by free men. [Obergefell v. Hodges, 135 S. Ct. 2584, 2015-1 U.S. Tax Cas. (CCH) P 50357, 115 A.F.T.R.2d 2015-2309 (2015)] The right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. [Obergefell v. Hodges, 135 S. Ct. 2584, 2015-1 U.S. Tax Cas. (CCH) P 50357, 115 A.F.T.R.2d 2015-2309 (2015)]”
[California Civil Practice Family Law Litigation [certain citations omitted]]
