CALIFORNIA FAMILY LAW
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Marital Status
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Nullity
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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.