In a petition for declaration of nullity of marriage on psychological incapacity, can a later ground (absence of license) be barred by res judicata?

In a petition for declaration of nullity of marriage on psychological incapacity, can a later ground (absence of license) be barred by res judicata?

• A. The first judgment is not conclusive on the license ground.
• B. The second ground is new; not barred.
• C. The ground of lack of license could have been raised in the first petition; thus judgment conclusive as to validity of marriage.
• D. Res judicata does not apply to family law.

Answer: (C)

Res judicata in a petition for declaration of nullity of marriage means the court’s final judgment settles not only the grounds actually argued but also any grounds that could have been raised in that same action. If the lack of a marriage license is a defect that could have been included in the initial petition, the judgment on the marriage’s validity effectively resolves that issue as well. Once that judgment is final, a subsequent challenge based on the absence of a license cannot be pursued, because it could have been raised earlier. That is why the ground about lacking a license is barred when it could have been raised in the first petition—the judgment becomes conclusive on the validity of the marriage. Res judicata does apply in family law, and if a ground could have been raised, it cannot be litigated anew.

Res judicata in a petition for declaration of nullity of marriage means the court’s final judgment settles not only the grounds actually argued but also any grounds that could have been raised in that same action. If the lack of a marriage license is a defect that could have been included in the initial petition, the judgment on the marriage’s validity effectively resolves that issue as well. Once that judgment is final, a subsequent challenge based on the absence of a license cannot be pursued, because it could have been raised earlier. That is why the ground about lacking a license is barred when it could have been raised in the first petition—the judgment becomes conclusive on the validity of the marriage. Res judicata does apply in family law, and if a ground could have been raised, it cannot be litigated anew.