Void and Voidable Marriages in California
Marriage is a legally binding contract, but not all marriages are valid in the eyes of the law. In California, some marriages can be declared void or voidable, depending on the circumstances. Knowing the difference between the two is important in certain circumstances, such as if you need to determine whether your marriage can be annulled or declared invalid.
Continue reading to learn more about void and voidable marriages and when you should contact an attorney to learn your legal options.
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What Is a Void Marriage?
A void marriage is one that was never legally valid from the beginning. It’s treated as though it never existed, regardless of whether a court has declared it invalid and whether both spouses acted in good faith.
Under California law, a marriage is void if:
- It involves bigamy, meaning one person was already married to someone else at the time of the ceremony.
- It involves incest, meaning the spouses are close blood relatives, such as siblings or parent and child.
In these cases, the marriage has no legal effect, and neither spouse acquires any rights or responsibilities that typically come with a valid marriage, such as property division and spousal support.
However, courts can still address issues like child custody and support if children were born during the relationship. This helps protect the best interests of the child even when the marriage itself was void.
What Is a Voidable Marriage?
A voidable marriage is valid and legally recognized until a court issues an annulment. This means the marriage remains intact unless one of the spouses takes legal action to challenge it.
California law lists several situations in which a marriage can be declared voidable, including:
- Age: One spouse was under 18 at the time of the marriage and did not have parental consent or a court order.
- Prior existing marriage: One spouse believed their previous marriage had ended (for example, due to a missing spouse presumed dead), but later discovered it had not.
- Unsound mind: A spouse lacked the mental capacity to understand the nature of marriage at the time of the ceremony.
- Fraud: One spouse was deceived into marrying based on a false representation that goes to the heart of the relationship (such as concealing an intent to have children and hiding criminal behavior).
- Force: One spouse was coerced or threatened into marrying.
- Physical incapacity: A spouse was unable to consummate the marriage and the condition appears to be permanent.
If a judge grants an annulment for a voidable marriage, the legal effect is similar to that of a divorce. However, the difference is that the law treats the marriage as though it never existed.
Key Differences Between Void and Voidable Marriages
The main distinction between the two types of marriages lies in how they are treated legally and how they are terminated.
- Void marriages are automatically invalid, whether or not a court declares them so.
- Voidable marriages remain valid until one party successfully petitions the court for annulment.
Here’s another way to understand the difference:
- A void marriage cannot be legalized, no matter what happens later.
- A voidable marriage can remain valid if no one challenges it in court.
For example, if two underage individuals marry without parental consent, that marriage is voidable. However, if instead neither spouse takes steps to annul it and they reach adulthood, it may later become valid.
How to File for an Annulment in California
If your marriage qualifies as voidable, you must file for an annulment to have it legally invalidated. The process is similar to filing for divorce but with distinct requirements.
You’ll need to:
- File a Petition for Nullity of Marriage with the family court in your county.
- Serve your spouse with the petition and any related documents.
- Attend a court hearing, where a judge will review the evidence and decide whether the marriage meets the criteria for annulment.
The spouse seeking annulment must prove that one of the conditions discussed above for a voidable marriage applies. If granted, the court will declare that the marriage never legally existed.
Contact the San Diego Divorce Attorneys at San Diego Divorce Lawyers, APC for Help Today
If you believe your marriage may be invalid under California law, San Diego Divorce Lawyers, APC is here to help. Our experienced San Diego divorce lawyers can help you understand your rights and options. Whether your situation involves fraud, coercion, or lack of capacity, you don’t have to navigate the process by yourself.
Contact us today at (619) 866-3756 to schedule a free consultation. We can explain whether your marriage is void or voidable and help you take the right steps to protect your future.
