Chapter 3 - Procedural Provisions

California Family Code — §§ 2250-2255

Sections (6)

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(a)A proceeding based on void or voidable marriage is commenced by filing a petition entitled “In re the marriage of ____ and ____” which shall state that it is a petition for a judgment of nullity of the marriage.

(b)A copy of the petition together with a copy of a summons in form and content approved by the Judicial Council shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally.

§ 2251

Amended by Stats. 2015, Ch. 196, Sec. 1. (AB 380) Effective January 1, 2016.

(a)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 shall:

(1)Declare the party or parties, who believed in good faith that the marriage was valid, to have the status of a putative spouse.

(2)If the division of property is in issue, divide, in accordance with Division 7 (commencing with

Section 2500), that property acquired during the union that would have been community property or quasi-community property if the union had not been void or voidable, only upon request of a party who is declared a putative spouse under paragraph (1). This property is known as “quasi-marital

property.”

(b)If the court expressly reserves jurisdiction, it may make the property division at a time after the judgment.

§ 2252

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

The property divided pursuant to Section 2251 is liable for debts of the parties to the same extent as if the property had been community property or quasi-community property.

§ 2253

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

In a proceeding under this part, custody of the children shall be determined according to Division 8 (commencing with Section 3000).

§ 2254

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

The court may, during the pendency of a proceeding for nullity of marriage or upon judgment of nullity of marriage, 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.

§ 2255

Amended by Stats. 1993, Ch. 219, Sec. 108.5. Effective January 1, 1994.

The court may grant attorney’s fees and costs in accordance with Chapter 3.5 (commencing with Section 2030) of Part 1 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, and free from knowledge of the then existence of any prior marriage or other impediment to the contracting of the marriage for which a judgment of nullity is sought.