What is the test for establishing that a subsequent marriage is illegal and void from the beginning?
California, United States of America
The following excerpt is from Zhao v. Young, B253721 (Cal. App. 2015):
A subsequent marriage "is illegal and void" from the beginning unless the "former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage." ( 2201, subd. (a)(1).) It is not enough to prove that there was a prior marriage; the party attacking the validity of the second marriage must also prove that the first marriage had not been set aside by a judicial decree. (Mazzenga v. Rosso (1948) 87 Cal.App.2d 790, 792.)
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