Seaton
Seaton v. Seaton
Opinion
Lead Opinion
Mauro, J.
California law provides, with limited exceptions, that an individual can only be married to one person at a time. (Fam. Code, § 2201.) 1 A bigamous marriage is void from the beginning. (Ibid.)
This case calls on us to determine whether Nevada law is the same as California law in this regard. We conclude that under both Nevada and California law, a bigamous marriage is void from its inception, even if it has not been declared void by a court.
*803 Patricia L. Seaton appeals from a judgment nullifying her marriage with Jeffrey D. Seaton. 2 The marriage was nullified under section 2201 on the ground that Patricia was married to another man, Henry Marquez, when she purportedly married Jeffrey. The trial court also determined that Patricia was not a putative spouse under section 2251 because she did not believe in good faith that her marriage to Jeffrey was valid.
Patricia contends on appeal that (1) her marriage to Jeffrey should not have been nullified because her prior marriage to Henry was void under Nevada law due to her preexisting marriage with Richard LaForm; (2) the trial court erred in denying her putative spouse claim, because Jeffrey believed in good faith that…