Chapter 3. Procedural Provisions of California Family Law Code >> Division 6. >> Part 2. >> Chapter 3.
(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.
(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.
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.
In a proceeding under this part, custody of the children
shall be determined according to Division 8 (commencing with Section
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.
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.