CALIFORNIA FAMILY LAW
...Marital Status
......Nullity
.........Grounds
............Voidable: Unsound Mind
5 Cards On This Topic:
  • Marriage voidable if party was of unsound mind.
  • Unsoundness of mind required for nullity is inability to understand obligations assumed by marriage.
  • A person who participates in a marriage ceremony while intoxicated to the extent they do not know what is taking place is of unsound mind and the marriage may be annulled.
  • After death of a spouse, the validity of an allegedly voidable marriage cannot be subject to collateral attack in probate court on the ground of mental incapacity; voidable marriage is valid until annulled.
  • Voidable marriage may only be challenged prior to the death of one of the parties.