C. If the necessary parental consent, or consent of the person exercising the patria potestad, was not had.
D. If the marriage was irregular or contrary to law, as, for example, if the proper publication was omitted, or no witnesses attended the celebration.
E. If there exists in either party, and existed before the marriage, an incurable impotency for copulation.
Want of legal age of either party is not a ground for annulment if a child is born, the issue of the union.
And if either party, or both, were under the legal age at the time of marriage, a decree of annulment will not be granted if, upon becoming twenty-one years of age, the spouses continue to cohabit together.
Such marriages as we have pointed out above are not void, but voidable, and any of the grounds sufficient for annulment may be waived by the aggrieved spouse.
Effects of Divorce.—Divorce can only be granted to the innocent party, and suit therefor must be brought within one year after the petitioner discovers the facts which constitute a legal cause for a decree.
The innocent party, pending the action, or even after the final decree, may require the other party to resume the marriage relationship.
The most usual effect of a divorce is a physical separation of the spouses.
If the wife is the guilty party she may, on her husband’s suggestion, be directed by the judge to live in a certain house, for the protection of the good name of the husband.