Section 144. Proof required  


Latest version.
  • 1.  In an action to annul a marriage, a final
      judgment annulling the marriage shall not be  rendered  by  default  for
      want  of an appearance or pleading, or by consent, or upon a trial of an
      issue, without proof of the facts upon which the allegation  of  nullity
      is  founded.    Plaintiff  shall  prove  that  there  has  been  no such
      cohabitation between the parties as would bar a judgment except that  in
      an  action  under  subdivision  (c)  of  section  one  hundred forty the
      plaintiff may prove instead that the mental illness still continues.
        2.   In any action, whether or  not  contested,  brought  to  annul  a
      marriage,  the declaration or confession of either party to the marriage
      is not alone sufficient as proof, but other satisfactory evidence of the
      facts must be produced.