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NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS LEGAL ADVISE. THE MATERIAL PROVIDED IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONTACT OUR OFFICE TO SCHEDULE A CONSULTATION WITH AN ATTORNEY.
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Void Marriages - California Family Code Section 2200px
 
Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.
 
Void Marriages - California Family Code Section 2201
 
(a) A subsequent marriage contracted by a person during the life of a former husband or wife of the person, with a person other than the former husband or wife, is illegal and void from the beginning, unless:

(1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.

(2) The former husband or wife (i) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (ii) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.

(b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant tosubdivision (b) of Section 2210.
 
Voidable Marriages - California Family Code 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 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 husband and wife.

(b) The husband or wife of either party was living and the marriage with that husband or wife was then in force and that husband or wife (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 husband and wife.

(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 husband or wife.

(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 husband or wife.

(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.
 

 
           
Serving: Stockton, Manteca, Tracy,
Lodi, Ripon and Surrounding Areas
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San Joaquin Family Law  •  Law Office of Jacob Benguerel  •  343 E Main Street, Suite 301  •  Stockton, CA 95202