Legal Status of Women in Iowa by Jennie Lansley Wilson
page 46 of 99 (46%)
page 46 of 99 (46%)
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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. [§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. [§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. [§3426.] [Sidenote: Alimony.] In case either party entered into the contract of marriage in good faith, supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree, and the court may decree such innocent party compensation as in cases of divorce. [§3427.] |
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