Filing a wrongful death claim in California can be a complicated and confusing process, made worse by simultaneously grieving the loss of a loved one. Usually, wrongful death lawsuits are filed by surviving spouses with the assistance of California wrongful death lawyers.

But in some cases, surviving spouses find out after their spouse’s death that their marriage may never have been legally valid due to a defect or technicality.

When these unfortunate situations occur, California law provides an avenue for recourse through the putative spouse doctrine. In this blog post, we’ll explain what a putative spouse is under California law, and how the putative spouse doctrine can assist families of wrongful death victims.