QUESTION
Plain and simply put, will a marriage be or become null and void if the two parties got married AFTER one spouse had a restraining order issued
Asked on Jan 19th, 2018 on Family Law - California
More details to this question:
against the other? In browsing the other questions similar to mine, it seems the focus of the answers were more on the restraining order and the consequences of breaking that, regardless of the situation. My question focuses on the marriage itself: is it not a legal marriage if one party currently has a restraining order against them by the other spouse PRIOR to getting married? I realize, married or not, breaking the RO is breaking the RO but it would seem that in the case of a RO and marriage, the active status of one should not determine the legality of the other but rather only if the party chooses to take the risk of the consequences. So, marriage during active RO - legal marriage or null and void?
1 ANSWER
NA smsattorney@gmail.com
If there is a restraining order in place, why would the spouses get married during the RO? The question itself look to be more theoretical than practical. If you would like the marriage to be void // null than you would have to present sufficient evidence for your bases to have the marriage null/void. By entering into the marriage with an active RO is a violation of the RO but does not and theoretically will not classifiy the marriage to be null. To determine if a marriage can be annulled, please see grounds for annulment.
Answered on Jan 19th, 2018 at 7:52 PM