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RobertJDFL
RobertJDFL, Lawyer
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Hello, I need help with the interpretation of a Family Code

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Hello,
I need help with the interpretation of a Family Code Section.
I received judgment of nullity of marriage on the ground of FAMILY CODE SECTION 2210b. I have a hard time to understand this particular section.
I add that I married in California the same day I obtained divorce in Europe. From that marriage we had 2 children. We moved out of California a while ago. I opened a case of child custody and child support in Europe. My ex husband/partner managed to get uncontested annulment in CA (I didn't oppose) and after that he stopped paying child support in Europe as in CA there were no orders. My lawyer in Europe will deal with that. She just needs to understand this section 2210b of Family Code and I wanted to help her by asking you.

Thank you in advance. Best regards,

Sandra
Thank you for your question.

California Family Code Section 2210 states when a marriage or domestic partnership is voidable. The grounds for a voidable marriage or domestic partnership are the following:
  • Age: A marriage or domestic partnership is considered voidable when either party is under the age of consent, which is 18 years-old. A marriage or domestic partnership with a minor is also voidable if there was no consent from either of the minor’s parents or from a court at the time of the marriage or domestic partnership. The exception is that if the parties freely cohabitate as husband and wife after the minor has reached the age of consent, then the marriage or domestic partnership becomes validly recognized.
  • Prior Existing Marriage or Domestic Partnership: If either party is already legally married or in a registered domestic partnership, the marriage or domestic partnership is voidable.
  • Unsound Mind: If either party is of “unsound mind” or unable to understand the nature of the marriage or domestic partnership, the marriage or domestic partnership is voidable. But if the party of unsound mind, after coming to reason, freely cohabited with the other as husband and wife, then the marriage or domestic partnership is valid.
  • Fraud: If either party got married or registered the domestic partnership due to fraud, the marriage or domestic partnership is voidable. The fraud must be vital to the relationship and the party deceived was affected by the fraud. But if the deceived party has full knowledge of the facts constituting the fraud and freely cohabited with the other as husband and wife, the marriage or domestic partnership is valid.
  • Force: If either party consented to the marriage or domestic partnership as a result of force, the marriage or domestic partnership is voidable. But if the forced party afterwards freely cohabited with the other as husband and wife, the marriage or domestic partnership is valid.
  • Physical Incapacity: If either party is incapable of physically “consummating” the marriage or domestic partnership and the incapacity continues and appears to be “incurable,” the marriage or domestic partnership is voidable.
Specifically, 2210(b) deals with a prior existing marriage. If a person is already married at the time they enter into a new marriage, then that new marriage can be nullified.
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