Full question:
I've been married since 2006. I married in Reno and I want an anullment. The divorce paper wording states I can have an anullment based on fraud and unsound mind. What is the legal definition for these terms?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: California
Answer:
The applicable California statutes are as follows:
§ 2210 Fam.
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 husband and wife.
(b) The husband or wife of either party was living and the marriage
with that husband or wife was then in force and that husband or wife
(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 was contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife.
(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 husband or wife.
(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 husband or wife.
(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.
(Enacted by Stats. 1992, Ch. 162, sec. 10. Operative January 1,
1994.)
§ 2211 Fam.
A proceeding to obtain a judgment of nullity of marriage, for
causes set forth in Section 2210, must be commenced within the
periods and by the parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by any
of the following:
(1) The party to the marriage who was married under the age of
legal consent, within four years after arriving at the age of
consent.
(2) A parent, guardian, conservator, or other person having charge
of the underaged male or female, at any time before the married minor
has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by
either of the following:
(1) Either party during the life of the other.
(2) The former husband or wife.
(c) For causes mentioned in subdivision (c) of Section 2210, by the
party injured, or by a relative or conservator of the party of
unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the
party whose consent was obtained by fraud, within four years after
the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the
party whose consent was obtained by force, within four years after
the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the
injured party, within four years after the marriage.
The applicable Nevada statutes are as follows:
NRS 125.330 Cause for annulment: Want of understanding.
1. When either of the parties to a marriage for want of understanding
shall be incapable of assenting thereto, the marriage shall be void from
the time its nullity shall be declared by a court of competent authority.
2. The marriage of any insane person shall not be adjudged void, after
his restoration to reason, if it shall appear that the parties freely
cohabited together as husband and wife after such insane person was
restored to a sound mind.
NRS 125.340 Cause for annulment: Fraud.
1. If the consent of either party was obtained by fraud and fraud has
been proved, the marriage shall be void from the time its nullity shall
be declared by a court of competent authority.
2. No marriage may be annulled for fraud if the parties to the
marriage voluntarily cohabit as husband and wife having received
knowledge of such fraud.
NRS 125.360 Annulment of marriage contracted within State: No requirement
of residence.
Annulment of marriages contracted, performed or entered into within the
State of Nevada may be obtained by complaint, under oath, to any district
court of the State of Nevada for any cause provided by law for annulment of
marriage.
NRS 125.380 Cause for annulment may be pleaded in divorce complaint.
A cause of action for annulment may be pleaded in the same complaint with
a cause of action for divorce.
NRS 125.420 Presumption: Law of another state same as law of Nevada.
In any suit in this State for an annulment of marriage in anywise
affected by the law of another state, it shall be presumed that the law
of such other state is the same as the law of this State, unless and
until the law of such other state shall be alleged and proved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
