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?
- Category: Marriage
- Date:
- State: California
Answer:
In California, a valid marriage can occur even if one partner is absent due to military service overseas. According to California Family Code § 420, the parties usually must declare their intentions in front of the person solemnizing the marriage and necessary witnesses.
However, if one partner is a member of the Armed Forces stationed overseas and unable to attend, they can authorize an attorney-in-fact to represent them. This requires a power of attorney that must be:
- Written and signed by the service member,
- Acknowledged by a notary or witnessed by two military officers, and
- Presented in original form at the county clerk's office.
The power of attorney should include the full names of both parties and state that it is solely for the purpose of obtaining a marriage license and participating in the ceremony. This original document will be part of the marriage certificate upon registration.
Your daughter can proceed with the marriage, provided her fiancé appoints an attorney-in-fact through a valid power of attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.