Can a person enter a valid marriage in California in the absence of the groom?
Full Question:
My daughter lives in California. She is planning to enter a marriage with a person serving the armed forces and who is at present serving overseas. Can she enter a valid marriage in California in his absence?
12/28/2016 |
Category: Marriage |
State: California |
#29007
Answer:
Cal Fam Code § 420 further provides that:
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(b) Notwithstanding subdivision (a), a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney in fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney in fact must personally appear at the county clerk's office with the party who is not stationed overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces. Copies in any form, including by facsimile, are not acceptable. The power of attorney shall state the full given names at birth, or by court order, of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney in fact to obtain a marriage license on the person's behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration.
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(b) Notwithstanding subdivision (a), a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage may enter into that marriage by the appearance of an attorney in fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney in fact must personally appear at the county clerk's office with the party who is not stationed overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces. Copies in any form, including by facsimile, are not acceptable. The power of attorney shall state the full given names at birth, or by court order, of the parties to be married, and that the power of attorney is solely for the purpose of authorizing the attorney in fact to obtain a marriage license on the person's behalf and participate in the solemnization of the marriage. The original power of attorney shall be a part of the marriage certificate upon registration.
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Thus, in California, the law allows solemnization of marriage of a person if such person is absent because s/he is a member of the armed forces who is stationed overseas and is far away in wars or conflicts. California law allows him/her to give power of attorney to someone to represent him/her and participate in the wedding ceremony.
Documents have to be signed and acknowledged by a notary or by two military officers. Your daughter may enter a valid marriage in the absence of her husband-to-be, provided, he appoints an attorney in fact to represent him at the time of marriage through a valid power of attorney in compliance with law.
