Void and Voidable Marriages in California

Division 6, Part 2, Chapter 1 deals with void marriages and Chapter 2 of the California Family Code deals with voidable marriages.

Section 2200 provides that marriages between parents and children, ancestors and descendants of every degree, and between siblings of the half as well as the whole blood, and between uncles or aunts and nieces or nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.

Section 2201 states that a subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless two specified circumstances exist.

Section 2210 states that a marriage is voidable and may be adjudged a nullity if any of the six specified conditions existed at the time of the marriage.

Section 2211 provides that a proceeding to obtain a judgment of nullity of marriage for causes must be commenced within the periods and by the parties as specified in this section.

Section 2212 states that the effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons. A judgment of nullity of marriage is conclusive only as to the parties to the proceeding and those claiming under them.