Valid Marriage, Nullity, and Conciliation Court Flashcards
(31 cards)
A marriage shall be _____
licensed
solemnized,
authenticated, and
the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued.
Fam. Code 306
Exception for members of particular religious society or denomination not having clergy for the purpose of solemnizing if the parties sign and endorse the prescribed form with the Dept. of Public Health: ______
(1) the fact, time, and place of entering into marriage;
(2) printed names, signatures, and mailing addresses of two witnesses to ceremony, and
(3) the religious society or denomination AND that the marriage was entered into in accordance with the rules and customs of that religion or denomination.
Fam Code 307
Failure to return a license to the county is not _____.
fatal to the validity of the marriage
Chaney v. Netterstrom (2018) 21 Cal.App.5th 61
Prop 8
Court found that Prop 8 violates the California Constitution and deemed “marriage” to include same sex couples.
Supreme Court found that states are required to issue a marriage license between two people of the same sex and that all states must recognize marriage between two people of the same sex when marriage was performed lawfully out of state.
Obergefell v. Hodges (2015) 135 S.Ct. 2584
Termination of a relationship by a judgment of nullity results in a legal determination that _____.
the relationship never existed as a matter of law
Nullity may be sought by ____.
the parties or
by a person other than a spouse such as where the competency of the spouse at the time of the marriage is at issue
The dismissal of a dissolution does not ____. The determination that one spouse is qualified as a putative spouse for purposes of seeking spousal support and fees is ____ as it is a quintessential interlocutory order allowing the action to proceed.
bar an action of nullity
not appealable
Marriage of Garcia (2017) 13 Cal.App.5th 1334
Grounds for nullity
Under 18 unless by 302 or 303
Believed deceased because missing for more than 5 years
Either party of unsound mind unless came of sound mind and continued to cohabitate at spouses
Consent obtained by fraud unless found about fraud and continued to cohabitate as spouses
Physically incapable of entering into marriage and continues and appears to be incurable
Fam. Code 2210
Exception for nullity by fraud if the _____
marriage was contracted during a period of “lucid interval.”
Briggs v. Briggs (1958) 160 Cal.App.2d 312
The fraud must go to the ______.
very essence of the marital relationship
Marriage of Ramirez (2008) 165 Cal.App.4th 751
Concealment of existing pregnancy _____.
goes to the very essence of the marital relationship
Hardesty v. Hardesty (1924) 193 Cal. 330
Concealment of sterility _____.
goes to the very essence of the marital relationship
Vileta v. Vileta (1942) 53 Cal.App.2d 794
Concealing an intention not to terminate a sexual relationship with a significant other ______.
goes to the very essence of the marital relationship
Schaub v. Schaub (1945) 71 Cal.App.2d 467
Intentional misrepresentation concerning a criminal record is ____.
grounds for fraud nullity
Douglass v. Douglass (1957) 148 Cal.App.2d 867
Entering into marriage solely as a means to obtain citizenship with no intention to remain in the marriage is _____.
grounds for fraud nullity
Marriage of Liu (1987) 197 Cal.App.3d 143
A spouse’s false representation that he or she owned a particular business is _____.
grounds for fraud nullity
Mayer v. Mayer (1929) 207 Cal. 685
Coldness of a spouse is _____.
not grounds for fraud nullity
Marriage of Johnston (1993) 18 Cal.App.4th 499
Turning out to be unchaste and of immoral character is ______.
not grounds for fraud nullity
Barnes v. Barnes (1895) 110 Cal. 418
Lying about being a person “of means” or any other fraud “of a purely financial nature” is ______.
not grounds for fraud nullity
Marshall v. Marshall (1931) 212 Cal. 736
Misrepresentation of financial status to induce the other to invest with them in a business venture with intent to gain control of assets is _____.
not grounds for fraud nullity
Marriage of Meagher & Maleki (2005) 131 Cal.App.4th 1
Spouse who continues to cohabit long after learning of infidelity fraud _____.
invalidates the spouse’s claim for fraud nullity
Marriage of Goodwin-Mitchell & Mitchell (2019) 40 Cal.App.5th 232
Maintaining relationship and cohabiting including an encounter after separation _____.
vitiates the fraud justifying denial of the nullity
Marriage of Ankola (2020) 53 Cal.App.5th 369
Where parties entered into premarital agreement (a Mahr) without discussing their understanding of its impact in the event of a divorce, the trial court ______ where there is no scholarly consensus regarding the impact of the Mahr and that husband did ______.
properly concluded that the wife did not deceive the husband
not meet the burden by clear and convincing evidence
Marriage of Turfe (2018) 23 Cal.App.5th 1118
