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CALIFORNIA FAMILY CODE
JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE
GROUNDS FOR ANNULMENT
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 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
(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.