CALIFORNIA FAMILY LAW
...Marital Status
......Putative Spouse
.........Putative Status Not Found
6 Cards On This Topic:
  • Whether H was willfully ignorant of his marital status or actually informed he was still married to 1st wife, he did not have an objectively reasonable good faith belief that he was single when he purportedly married W2.
  • A determination of good faith is tested by an objective standard; a proper assertion of putative spouse status must rest on facts that would cause a reasonable person to harbor a good faith belief in the existence of a lawful marriage.
  • Without any attempt to comply with procedural requirements, parties cannot have a good faith belief that marriage is valid.
  • Good faith belief in valid marriage must have reasonable basis for putative spouse standing to be found.
  • When both parties knew that W had prior existing marriage at time of their marriage ceremony, neither can be considered putative spouse.
  • Putative spouse status requires both a good faith belief and a diligent attempt to meet the requisites of a valid marriage.