peculiar circumstances will alimony be granted to the party in fault.  A judgment for alimony may be made a lien upon specific property, and the court may declare it a lien on the homestead.  The court granting a divorce and alimony retains jurisdiction of the same, and upon a subsequent change in the circumstances of the parties, may modify or change the decree in relation to alimony and custody of children as may seem just and proper and for the best interests of all parties.  A suit for alimony without divorce may be brought, where the wife has been compelled to leave her husband on account of misconduct on his part justifying the separation.  The disposition of the children is entirely within the discretion of the court, and the custody may be given to either party or may be taken from both and given to a guardian, if it can be shown that neither parent is a proper person to care for them.  The best good of the child will be the first and most important consideration in determining to whom the custody shall be given.

[Sidenote:  Forfeiture.]

When a divorce is decreed the guilty party forfeits all rights acquired by the marriage. [Sec.3421.] After a decree of divorce neither party can have any interest in the property of the other except that which is granted by the decree, and this applies to claim for dower in case of survival.

[Sidenote:  Annulling illegal marriages.]

Marriages may be annulled for the following causes: 

1.  Where marriage between the parties is prohibited by law.

2.  Where either party was impotent at the time of the marriage.

3.  Where either party has a husband or wife at the time of the marriage, provided they have not continued to live and cohabit together after the death of the former husband or wife.

4.  Where either party was insane or idiotic at the time of the marriage. [Sec.3422.] If a person marries who has a husband or wife living such marriage is absolutely void.  In case of absence of the husband a presumption of death does not arise until he has been absent seven years without intelligence concerning him.  Where a party is insane or idiotic, and is therefore incapable of consenting, a marriage with such person will be void.  When a marriage is absolutely void by law, it is not necessary to bring an action to annul it, before contracting a subsequent legal marriage.

[Sidenote:  Petition.]

A petition shall be filed in such cases as in actions for divorce, and all the provisions of this chapter shall apply to such cases except as otherwise provided. [Sec.3423]

[Sidenote:  Validity determined.]

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. [Sec.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. [Sec.3425]