Fam. Code, § 2211 · Chapter 2. Voidable Marriage
Fam. Code, § 2211
Not yet in force
Repealed (in Sec. 1) and added by Stats. 2025, Ch. 633, Sec. 2. (AB 1134) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.
A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, shall 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 minor, 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 spouse.
(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.
(g) (1) If the petition for nullity of marriage on the grounds identified in subdivision (e) is filed beyond the relevant period provided, a court may grant permission for a party to proceed with the petition upon a showing of good cause.
(2) The Judicial Council shall modify or develop the forms necessary to implement this subdivision.
(h) This section shall become operative on January 1, 2027.
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 minor, 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 spouse.
(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.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
Notes and commentary — not statutory text
History
Amended by Stats. 2025, Ch. 633, Sec. 1. (AB 1134) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 2 of Stats. 2025, Ch. 633.
History (not yet in force)
Repealed (in Sec. 1) and added by Stats. 2025, Ch. 633, Sec. 2. (AB 1134) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=2211.
- Text hash
- sha256 5ddfc7fbac49b9b84209650471b004d3d8b9bc1437ba3832b296b21ebf6e664e
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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Family Code
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