Phone: (805) 845-5405 E: info@mysantabarbaralawyer.com

FAMILY CODE SECTION 2210-2212

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 without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as his or her spouse.
(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.

2211. A proceeding to obtain a judgment of nullity of marriage, for
causes set forth in Section 2210, must 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.

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.