feiture.]
When a divorce is decreed the guilty party forfeits all rights acquired
by the marriage. [Sec.3421.] After a decree of divorce neither party can
have any interest in the property of the other except that which is
granted by the decree, and this applies to claim for dower in case of
survival.
[Sidenote: Annulling illegal marriages.]
Marriages may be annulled for the following causes:
1. Where marriage between the parties is prohibited by law.
2. Where either party was impotent at the time of the marriage.
3. Where either party has a husband or wife at the time of the marriage,
provided they have not continued to live and cohabit together after the
death of the former husband or wife.
4. Where either party was insane or idiotic at the time of the marriage.
[Sec.3422.] If a person marries who has a husband or wife living such
marriage is absolutely void. In case of absence of the husband a
presumption of death does not arise until he has been absent seven years
without intelligence concerning him. Where a party is insane or idiotic,
and is therefore incapable of consenting, a marriage with such person
will be void. When a marriage is absolutely void by law, it is not
necessary to bring an action to annul it, before contracting a
subsequent legal marriage.
[Sidenote: Petition.]
A petition shall be filed in such cases as in actions for divorce, and
all the provisions of this chapter shall apply to such cases except as
otherwise provided. [Sec.3423]
[Sidenote: Validity determined.]
When the validity of a marriage is doubted, either party may file a
petition and the court shall decree it annulled or affirmed according
to the proof. [Sec.3424]
[Sidenote: Children. Legitimacy.]
When a marriage is annulled on account of the consanguinity or affinity
of the parties, or because of impotency, the issue shall be
illegitimate, but when on account of non-age, or insanity, or idiocy,
the issue is the legitimate issue of the party capable of contracting
marriage. [Sec.3425]
[Sidenote: Prior marriage.]
When a marriage is annulled on account of a prior marriage, and the
parties contracted the second in good faith, believing the prior husband
or wife to be dead, that fact shall be stated in the degree of nullity;
and the issue of the second marriage, begotten before the decree of the
court, is the legitimate issue of the parent capable of contracting.
[Sec.3426.]
[Sidenote: Alimony.]
In cas
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