CHAPTER 2. Voidable Marriage [2210. - 2212.]

Cal. Family Code - FAM 2.

in effect

Cal. Family Code - FAM § 2210. Section 2210.

A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The party who commences the proceeding or on whose behalf the proceeding is commenced was under 18 years of age, unless the party entered into the marriage pursuant to Section 302 or 303. (b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted. (c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as his or her spouse. (d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse. (e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as his or her spouse. (f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.

Cal. Family Code - FAM § 2211. Section 2211.

A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, shall be commenced within the periods and by the parties, as follows: (a) For causes mentioned in subdivision (a) of Section 2210, by any of the following: (1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent. (2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent. (b) For causes mentioned in subdivision (b) of Section 2210, by either of the following: (1) Either party during the life of the other. (2) The former spouse. (c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party. (d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud. (e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years after the marriage. (f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage. (g) (1) If the petition for nullity of marriage on the grounds identified in subdivision (e) is filed beyond the relevant period provided, a court may grant permission for a party to proceed with the petition upon a showing of good cause. (2) The Judicial Council shall modify or develop the forms necessary to implement this subdivision. (h) This section shall become operative on January 1, 2027.

Cal. Family Code - FAM § 2212. Section 2212.

(a) The effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons. (b) A judgment of nullity of marriage is conclusive only as to the parties to the proceeding and those claiming under them.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026