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  1. #1
    ibstarkraven Guest

    Question difference between nullity of void marriage & voidable marr?

    What is the name of your state? california
    Last edited by ibstarkraven; 02-11-2003 at 11:44 AM.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: difference between nullity of void marriage & voidable marr?

    Originally posted by ibstarkraven
    What is the name of your state? california

    My response:

    Some marriages, though defective, are simply "voidable" rather than "void" (e.g., because of minority, fraud or force). A voidable marriage (unlike a "void" marriage, which is invalid per se) is valid unless and until adjudged a nullity; and it may be terminated by judgment of dissolution unless the party entitled to have it annulled raises the issue of nullity.

    A voidable marriage (Ca Fam 2210) is valid for all civil purposes between the parties and against the world until adjudged a nullity; i.e., the marriage is invalidated only from the time it is so declared by a court of competent jurisdiction.

    Moreover, with the passage of time, a voidable marriage may, for all practical purposes, become a valid (nonvoidable) marriage . . . because a proceeding to annul a voidable marriage must be commenced within statutorily-prescribed time limits. [Ca Fam 2211] Once the applicable statutory period expires, a judicial termination of marital status and adjudication of the bundle of rights and responsibilities incident thereto must proceed by an ordinary marriage dissolution.

    IAAL
  3. #3
    Boxcarbill Guest

    Re: difference between nullity of void marriage & voidable marr?

    Originally posted by ibstarkraven
    What is the name of your state? california
    A void marriage is one that doesn't legally exist--e.g. because of a prior undissolved marriage. A voidable marriage is one that legally exists but can be avoided on some basis--e.g. fraud.
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Re: difference between nullity of void marriage & voidable marr?

    [QUOTE]Originally posted by Boxcarbill
    [B]

    "A voidable marriage is one that legally exists but can be avoided on some basis--e.g. fraud."

    ===========================


    My response:

    No. A marriage based upon "fraud" is void in California. It's not merely "voidable." Fraud makes the marriage void "ab initio."

    However, if the two stay "married" despite the fraud, or other "void" grounds (such as incest), then the issue of "putative spouse" comes into play - - especially upon the issue of "property." But, that's a whole other 18 pages of explanation.

    IAAL
  5. #5
    Boxcarbill Guest

    Re: Re: Re: difference between nullity of void marriage & voidable marr?

    [QUOTE]Originally posted by I AM ALWAYS LIABLE
    [B]
    Originally posted by Boxcarbill


    "A voidable marriage is one that legally exists but can be avoided on some basis--e.g. fraud."

    ===========================


    My response:

    No. A marriage based upon "fraud" is void in California. It's not merely "voidable." Fraud makes the marriage void "ab initio."

    However, if the two stay "married" despite the fraud, or other "void" grounds (such as incest), then the issue of "putative spouse" comes into play - - especially upon the issue of "property." But, that's a whole other 18 pages of explanation.

    IAAL



    Interesting. In Texas the only two void marriages are a prior existing marriage and a marriage to one of the listed ancestor/descendent by the whole blood, half blood or adoption.

    The voidable marriages are fraud, duress, and force, impotency, and half dozen more grounds but the marriage becomes valid if the parties lives with the person after discovery of the grounds. Etc..

    But interesting how the basis of a "void" and "voidable" marriage vary among the states, although the meaning of the words are the same.
  6. #6
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Re: Re: Re: difference between nullity of void marriage & voidable marr?

    Originally posted by Boxcarbill
    Interesting. In Texas the only two void marriages are a prior existing marriage and a marriage to one of the listed ancestor/descendent by the whole blood, half blood or adoption.

    The voidable marriages are fraud, duress, and force, impotency, and half dozen more grounds but the marriage becomes valid if the parties lives with the person after discovery of the grounds. Etc..

    But interesting how the basis of a "void" and "voidable" marriage vary among the states, although the meaning of the words are the same.

    My response:

    Well, I'm just as mystified with our Legislature sometimes, as I'm sure you are with yours.

    IAAL
  7. #7
    HomeGuru is offline Senior Member
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    And in some locales, marriage is just avoidable.

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