Procedural Provisions for Family Law Judicial Determinations

Division 6, Part 2, Chapter 3 of the California Family Code deals with procedural provisions in judicial determinations of void or voidable marriages.

Section 2250 provides that a proceeding based on void or voidable marriage is commenced by filing a petition entitled “In re the marriage of ____ and ____” which must state that it is a petition for a judgment of nullity of the marriage. A copy of the petition must be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.

Section 2251 notes that, if a determination is made that a marriage is void or voidable and the court finds that either party or both parties believed in good faith that the marriage was valid, the court is required to do two specified actions. If the court expressly reserves jurisdiction, it may make the property division at a time after the judgment.

Section 2252 specifies that the property divided is liable for debts of the parties to the same extent as if the property had been community property or quasi-community property.

Section 2253 states that, in a proceeding under this part, custody of the children is determined according to existing law.

Section 2254 allows the court, during the pendency of a proceeding for nullity of marriage or upon judgment of nullity of marriage, to order a party to pay for the support of the other party in the same manner as if the marriage had not been void or voidable if the party for whose benefit the order is made is found to be a putative spouse.

Section 2255 authorizes the court to grant attorney’s fees and costs in proceedings to have the marriage adjudged void and in those proceedings based upon voidable marriage in which the party applying for attorney’s fees and costs is found to be innocent of fraud or wrongdoing in inducing or entering into the marriage.