2200–2255: Judicial Determination of Void or Voidable Marriages
In California, not every marriage is legally valid. Some unions are considered legally nonexistent from the outset, while others may appear legitimate but can be annulled under specific circumstances. Part 2 of Division 6 of the California Family Code (Sections 2200–2255) lays out the legal standards for determining whether a marriage is void or voidable, and what happens when one is declared null. Understanding this area of law is crucial for anyone seeking clarity on the legal status of a troubled or questionable marriage.
Void Marriages: Sections 2200–2201
Void marriages are those that the law considers invalid from the beginning. These include incestuous relationships such as marriages between close blood relatives such as siblings, parents and children, or uncles and nieces. These marriages are never legally recognized, regardless of the intentions or beliefs of the people involved.
A marriage is also void if it was entered into while one party was still legally married to someone else. The exception is if the previous spouse was believed to be dead or had been absent and presumed dead for five years. In that case, the new marriage may stand until a court rules otherwise.
Voidable Marriages: Sections 2210–2212
Voidable marriages, unlike void ones, are legally valid unless and until a court annuls them. These situations are more nuanced and include:
- One party was under 18 and didn’t have the proper legal consent.
- One party was already married but believed their spouse was dead or had been absent long enough to presume death.
- One party lacked the mental capacity to understand the marriage.
- Consent was obtained by fraud or force.
- One party was physically incapable of consummating the marriage, and that condition continues to be incurable.
To annul a voidable marriage, the affected party must file within specific time limits that vary depending on the reason. For example, a person married underage must file within four years of turning 18, and someone who was defrauded must file within four years of discovering the fraud.
A judgment of nullity ends the marriage as though it never legally existed. It restores both parties to unmarried status and is binding only on the parties and their successors.
Procedural Rules: Sections 2250–2255
Filing for annulment starts with a petition that clearly states the marriage is being challenged as void or voidable. Like other civil cases, this petition must be served on the other party.
In cases where one or both parties believed in good faith that the marriage was valid, the court can declare them putative spouses. This status gives them rights similar to those of legally married spouses, especially when dividing property acquired during the union—referred to as “quasi-marital property.”
The court may also order spousal support if a party is found to be a putative spouse, and it can divide the quasi-marital property fairly, taking debts into account just as in a divorce. Custody decisions involving children follow the standard rules under Division 8, focused on the child’s best interests.
Finally, courts may award attorney’s fees and costs in these cases, especially when the person seeking the annulment acted without knowledge of the factors making the marriage void or voidable.
In Summary
Sections 2200 through 2255 provide a critical legal framework for determining when a marriage never legally existed or can be invalidated. These laws exist to protect individuals from being bound to relationships that violate legal standards or formed under unfair conditions. If you’re in a situation where the validity of your marriage is in question due to age, consent, capacity, or a prior marriage, this section of the Family Code is your legal roadmap. Speaking with a qualified attorney can help you navigate whether annulment is an option and what your rights are moving forward.