Family Code — Part 2 | FAM — United States — California law | Esheria

Family Code

Part 2 of 9 · provisions 201–400

This section says the code is called the Family Code.

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This division is named the Family Law Facilitator Act and may be cited by that name. The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California. Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator. This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases. The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

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Provisions of Family Code

Showing 200 of 1,607

  1. 1840.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    After a conciliation petition is filed, neither spouse may file certain family-law petitions for a limited period; after that period, either spouse may file them if the dispute remains unresolved.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1840. (a) During a period beginning upon the filing of the petition for conciliation and continuing until 30 days after the hearing of the petition for conciliation, neither spouse shall file a petition for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties. (b) After the expiration of the period under subdivision (a), if the controversy between the spouses, or the parents, has not been terminated, either spouse may institute a proceeding for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, or a proceeding to determine custody or visitation of the minor child or children. (c) The pendency of a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, or a proceeding to determine custody or visitation of the minor child or children, does not operate as a bar to the instituting of proceedings for conciliation under this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  2. 1841.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court may transfer a pending marriage-related case to family conciliation court if the listed child-welfare and reconciliation conditions are met.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1841. If a petition for dissolution of marriage, for nullity of marriage, or for legal separation of the parties is filed, the case may be transferred at any time during the pendency of the proceeding to the family conciliation court for proceedings for reconciliation of the spouses or amicable settlement of issues in controversy in accordance with this part if both of the following appear to the court: (a) There is a minor child of the spouses, or of either of them, whose welfare may be adversely affected by the dissolution of the marriage or the disruption of the household or a controversy involving child custody. (b) There is some reasonable possibility of a reconciliation being effected. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  3. 1842.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The family conciliation court may take a qualifying spouse-related case and handle it like similar child-welfare cases, if no minor child is affected and reconciliation or settlement seems likely.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY CONCILIATION COURT LAW [1800 - 1842] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Proceedings for Conciliation [1830 - 1842] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1842. (a) If an application is made to the family conciliation court for conciliation proceedings in respect to a controversy between spouses, or a contested proceeding for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, but there is no minor child whose welfare may be affected by the results of the controversy, and it appears to the court that reconciliation of the spouses or amicable adjustment of the controversy can probably be achieved, and that the work of the court in cases involving children will not be seriously impeded by acceptance of the case, the court may accept and dispose of the case in the same manner as similar cases involving the welfare of children are disposed of. (b) If the court accepts the case under subdivision (a), the court has the same jurisdiction over the controversy and the parties to the controversy and those having a relation to the controversy that it has under this part in similar cases involving the welfare of children. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  4. 185.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. )

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    In certain custody cases involving a child tied to a tribe, the court may let the child’s tribe participate, and the tribe may take part in specified ways if the court allows it.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. Indian Children [170 - 185] ( Part 3 added by Stats. 2006, Ch. 838, Sec. 1. ) ## 185. (a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on status of the child’s tribe, as defined in paragraph (8) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe. (b) If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court: (1) Be present at the hearing. (2) Address the court. (3) Request and receive notice of hearings. (4) Request to examine court documents relating to the proceeding. (5) Present information to the court that is relevant to the proceeding. (6) Submit written reports and recommendations to the court. (7) Perform other duties and responsibilities as requested or approved by the court. (c) If more than one tribe requests to participate in a proceeding under subdivision (a), the court may limit participation to the tribe with which the child has the most significant contacts, as determined in accordance with paragraph (2) of subdivision (d) of Section 170. (d) This section is intended to assist the court in making decisions that are in the best interest of the child by permitting a tribe in the circumstances set out in subdivision (a) to inform the court and parties to the proceeding about placement options for the child within the child’s extended family or the tribal community, services and programs available to the child and the child’s parents as Indians, and other unique interests the child or the child’s parents may have as Indians. This section shall not be construed to make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the Indian Child Welfare Act, applicable to the proceedings, or to limit the court’s discretion to permit other interested persons to participate in these or any other proceedings. (e) This section shall only apply to proceedings involving an Indian child. (Added by Stats. 2006, Ch. 838, Sec. 1. Effective January 1, 2007.)
  5. 1850.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. STATEWIDE COORDINATION OF FAMILY MEDIATION AND CONCILIATION SERVICES [1850 - 1852] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The Judicial Council must carry out several family-law coordination tasks, including helping courts with mediation and conciliation, running reporting and grant programs, training court personnel, and conducting research.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. STATEWIDE COORDINATION OF FAMILY MEDIATION AND CONCILIATION SERVICES [1850 - 1852] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1850. The Judicial Council shall do all of the following: (a) Assist courts in implementing mediation and conciliation proceedings under this code. (b) Establish and implement a uniform statistical reporting system relating to proceedings brought for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, including, but not limited to, a custody disposition survey. (c) Administer a program of grants to public and private agencies submitting proposals for research, study, and demonstration projects in the area of family law, including, but not limited to, all of the following: (1) The development of conciliation and mediation and other newer dispute resolution techniques, particularly as they relate to child custody and to avoidance of litigation. (2) The establishment of criteria to ensure that a child support order is adequate. (3) The development of methods to ensure that a child support order is paid. (4) The study of the feasibility and desirability of guidelines to assist judges in making custody decisions. (d) Administer a program for the training of court personnel involved in family law proceedings, which shall be available to the court personnel and which shall be totally funded from funds specified in Section 1852. The training shall include, but not be limited to, the order of preference for custody of minor children and the meaning of the custody arrangements under Part 2 (commencing with Section 3020) of Division 8. (e) Conduct research on the effectiveness of current family law for the purpose of shaping future public policy. (Amended by Stats. 2012, Ch. 470, Sec. 16. (AB 1529) Effective January 1, 2013.)
  6. 1851.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. STATEWIDE COORDINATION OF FAMILY MEDIATION AND CONCILIATION SERVICES [1850 - 1852] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The Judicial Council must establish an advisory committee on family law; the committee must set grant-recipient criteria and review and rank grant proposals.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. STATEWIDE COORDINATION OF FAMILY MEDIATION AND CONCILIATION SERVICES [1850 - 1852] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1851. The Judicial Council shall establish an advisory committee of persons representing a broad spectrum of interest in and knowledge about family law. The committee shall recommend criteria for determining grant recipients pursuant to subdivision (c) of Section 1850, which shall include proposal evaluation guidelines and procedures for submission of the results to the Legislature, the Governor, and family law courts. In accordance with established criteria, the committee shall receive grant proposals and shall recommend the priority of submitted proposals. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  7. 1852.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. STATEWIDE COORDINATION OF FAMILY MEDIATION AND CONCILIATION SERVICES [1850 - 1852] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section creates the Family Law Trust Fund, directs how money in it is held, administered, and spent, and lets certain local officials keep up to 10% of collected fees to cover collection costs.

    ## Family Code - FAM ## DIVISION 5. CONCILIATION PROCEEDINGS [1800 - 1852] ( Division 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. STATEWIDE COORDINATION OF FAMILY MEDIATION AND CONCILIATION SERVICES [1850 - 1852] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 1852. (a) There is in the State Treasury the Family Law Trust Fund. (b) Moneys collected by the state pursuant to subdivision (c) of Section 103625 of the Health and Safety Code, Section 70674 of the Government Code, and grants, gifts, or devises made to the state from private sources to be used for the purposes of this part shall be deposited into the Family Law Trust Fund. (c) Moneys deposited in the Family Law Trust Fund shall be placed in an interest bearing account. Any interest earned shall accrue to the fund and shall be disbursed pursuant to subdivision (d). (d) Money deposited in the Family Law Trust Fund shall be disbursed for purposes specified in this part and for other family law related activities. (e) Moneys deposited in the Family Law Trust Fund shall be administered by the Judicial Council. The Judicial Council may, with appropriate guidelines, delegate the administration of the fund to the Administrative Office of the Courts. (f) Any moneys in the Family Law Trust Fund that are unencumbered at the end of the fiscal year are automatically appropriated to the Family Law Trust Fund of the following year. (g) In order to defray the costs of collection of these funds, pursuant to this section, the local registrar, county clerk, or county recorder may retain a percentage of the funds collected, not to exceed 10 percent of the fee payable to the state pursuant to subdivision (c) of Section 103625 of the Health and Safety Code. (Amended by Stats. 2005, Ch. 75, Sec. 45. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  8. 2.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says a code provision that is substantially the same as an earlier provision is treated as a continuation of that earlier law, not a new enactment, and references to the code provision also include the earlier provision unless a contrary intent appears.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2. A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a reference to the previously existing provision unless a contrary intent appears. (Amended by Stats. 1993, Ch. 219, Sec. 78. Effective January 1, 1994.)
  9. 200.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. JURISDICTION [200- 200.] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The superior court has jurisdiction over proceedings under this code.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. JURISDICTION [200- 200.] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 200. The superior court has jurisdiction in proceedings under this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  10. 2000.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Application of Part [2000- 2000.] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This part applies to dissolution, nullity, and legal separation proceedings.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Application of Part [2000- 2000.] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2000. This part applies to a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  11. 20000.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 1. General Provisions [20000 - 20002] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The Legislature states that this part is meant to test and evaluate procedural innovations for child and spousal support, and for custody and visitation disputes.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 1. General Provisions [20000 - 20002] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20000. (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations. In addition, children are frequently left in limbo while their parents engage in protracted litigation concerning custody and visitation. The current system for obtaining child and spousal support orders is suffering because the family courts are unduly burdened with heavy case loads and personnel insufficient to meet the needs of increased demands on the courts. (2) There is a compelling state interest in the development of a child and spousal support system that is cost-effective and accessible to families with middle or low incomes. (3) There is a compelling state interest in first implementing such a system on a small scale. (4) There is a compelling state interest in the development of a speedy, conflict-reducing method of resolving custody and visitation disputes. (b) Therefore, it is the intent of the Legislature in enacting this part to provide a means for experimenting with and evaluating procedural innovations with significant potential to improve the California child and spousal support systems, and the system for mediation, evaluation, and litigation of custody and visitation disputes. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  12. 20001.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 1. General Provisions [20000 - 20002] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The Superior Courts of Santa Clara and San Mateo Counties may conduct pilot projects under this part.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 1. General Provisions [20000 - 20002] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20001. The Superior Courts of the Counties of Santa Clara and San Mateo may conduct pilot projects pursuant to this part. Chapter 2 (commencing with Section 20010) shall govern the San Mateo County Pilot Project, and Chapter 3 (commencing with Section 20030) shall govern the Santa Clara County Pilot Project. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  13. 20002.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 1. General Provisions [20000 - 20002] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The pilot projects last for two years.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 1. General Provisions [20000 - 20002] ( Chapter 1 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20002. The duration of the pilot projects shall be two years. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  14. 20010.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The San Mateo County Pilot Project applies to certain hearings on temporary child support, temporary spousal support, and temporary health insurance when at least one party is unrepresented by counsel.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20010. The San Mateo County Pilot Project shall apply to hearings on motions for temporary child support, temporary spousal support, and temporary health insurance issuable in proceedings under this code, where at least one party is unrepresented by counsel. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  15. 20011.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

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    Motions for temporary orders under this chapter must be heard as soon as practicable, consistent with the rules for other civil actions.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20011. Motions for temporary orders under this chapter shall be heard as soon as practicable, consistent with the rules governing other civil actions. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  16. 20012.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The court must appoint a Family Law Evaluator, and the superior court may set that evaluator’s duties by local rule.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20012. The court shall appoint a Family Law Evaluator, who shall be available to assist parties. By local rule the superior court may designate the duties of the Family Law Evaluator, which may include, but are not limited to, the following: (a) Requiring litigants in actions which involve temporary child support, temporary spousal support, and temporary maintenance of health insurance in which at least one litigant is unrepresented, to meet with the Family Law Evaluator prior to the support hearing. (b) Preparing support schedules based on standardized formulae accessed through existing up-to-date computer technology. (c) Drafting stipulations to include all issues agreed to by the parties. (d) Prior to, or at, any hearing pursuant to this chapter, reviewing the paperwork by the court, advising the judge whether or not the matter is ready to proceed, and making a recommendation to the court regarding child support, spousal support, and health insurance. (e) Assisting the clerk in maintaining records. (f) Preparing a formal order consistent with the court’s announced oral order, unless one of the parties is represented by an attorney. (g) Assisting the court with research and any other responsibilities which will enable the court to be responsive to the litigants’ needs. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  17. 20013.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The court must provide the Family Law Evaluator without charging the parties.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20013. The court shall provide the Family Law Evaluator at no cost to the parties. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  18. 20014.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The clerk must stamp certain moving papers with a notice about the Family Law Evaluator, and an unrepresented party must serve the stamped pleadings on the other party.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20014. The clerk shall stamp all moving papers in which a party is not represented by counsel with a notice of a requirement to see the Family Law Evaluator. The unrepresented party shall serve the stamped pleadings on the other party. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  19. 20015.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The court must adopt a protocol giving all litigants ultimate access to a hearing before the court.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20015. The court shall adopt a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the court. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  20. 20016.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The court may choose to publish a low-cost booklet describing this program.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20016. The court may elect to publish a low-cost booklet describing this program. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  21. 20017.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The Family Law Evaluator must be an attorney licensed to practice in this state.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20017. The Family Law Evaluator shall be an attorney, licensed to practice in this state. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  22. 20018.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    Temporary support orders under this chapter must follow the statewide uniform guideline and be based on economic evidence available to the court.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20018. Orders for temporary support issued pursuant to this chapter shall comply with the statewide uniform guideline set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 and shall be based on the economic evidence supplied by the parties or otherwise available to the court. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  23. 20019.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    If a custody or visitation dispute is raised, the court must send those issues to mediation. Mediation does not stop hearings on other temporary-order matters, and the court may allow a continuance for good cause.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20019. Where it appears from a party’s application for an order under this chapter or otherwise in the proceedings that the custody of, or visitation with, a minor child is contested, the court shall set those issues for mediation pursuant to Section 3170. The pendency of the mediation proceedings shall not delay a hearing on any other matter for which a temporary order is required, including child support, and a separate hearing, if required, shall be scheduled respecting the custody and visitation issues following mediation in accordance with Section 3170. However, the court may grant a continuance for good cause shown. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  24. 20020.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    In contested temporary child or spousal support proceedings under this chapter, both sides must give the Family Law Evaluator and the court certain financial documents at the hearing.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20020. In a contested proceeding for temporary child or spousal support under this chapter, both the moving party and the responding party shall provide all of the following documents to the Family Law Evaluator, and to the court at the time of the hearing: (a) Copies of the last two federal and state income tax returns filed. (b) Paycheck stubs for all paychecks received in the four months immediately prior to the hearing. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  25. 20021.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    If a party fails to submit required documents to the court under Section 20020, the court may deny the requested relief or impose evidentiary sanctions.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20021. A party who fails to submit documents to the court as required by Section 20020 may, in the court’s discretion, not be granted the relief requested, or the court may impose evidentiary sanctions. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  26. 20022.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The other party may review the tax return and examine a party about its contents.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20022. The tax return submitted pursuant to Section 20020 may be reviewed by the other party. A party may be examined by the other party as to the contents of the tax return. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  27. 20023.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The court cannot act in cases involving certain children, except for a limited waiver process that the district attorney may use at the custodial parent’s request.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20023. (a) Except as provided in subdivision (c): (1) Nothing in this chapter shall be construed to apply to a child for whom services are provided or required to be provided by a district attorney pursuant to Section 11475.5 of the Welfare and Institutions Code. (2) The court shall not hear or enter any order under this chapter in a matter involving such a child. (b) Any order entered contrary to the provisions of subdivision (a) is void and without legal effect. (c) For purposes of enabling a custodial parent receiving assistance under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code to participate in a pilot project authorized by this chapter, the district attorney, upon the request of the custodial parent, may execute a limited waiver of the obligation or representation under Section 11475.1 of the Welfare and Institutions Code. These limited waivers shall be signed by both the district attorney and custodial parent and shall only permit the custodial parent to participate in the proceedings under this chapter. It is not the intent of the Legislature in enacting this section to limit the duties of district attorneys with respect to seeking child support payments or to in any way limit or supersede other provisions of this code respecting temporary child support. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  28. 20026.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    This section says the San Mateo County family law pilot project is expected to serve about 2,200 litigants a year and generate estimated time and cost savings, including court time, litigant time, and lost wages.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 2. San Mateo County Pilot Project [20010 - 20026] ( Chapter 2 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20026. (a) It is estimated that under the pilot project authorized by this chapter, approximately 2,200 litigants will be served annually and that the following savings will occur: (1) The program would save 520 hours, or 65 days, of court time per year. (2) There would be a concomitant saving of time by litigants due to the expedited proceedings and, in addition, there would be a saving to litigants of wages that would otherwise be lost due to time off from work. (b) The estimated costs of the pilot project are as follows: (1) The salaries of the Family Law Evaluator and any staff necessary for the evaluator to carry out the evaluator’s functions. (2) The cost of a booklet, if any, describing the program. (c) There would be no cost for the following: (1) Computers, printers, or other equipment. This equipment is already available in the family law department. (2) Training for the Family Law Evaluator or the evaluator’s staff. They will be trained by already existing judicial personnel. (Amended by Stats. 2019, Ch. 115, Sec. 168. (AB 1817) Effective January 1, 2020.)
  29. 20030.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The Superior Court of Santa Clara County may conduct a pilot project under this chapter.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20030. The Superior Court of the County of Santa Clara may conduct a pilot project pursuant to this chapter. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  30. 20031.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The pilot project applies to specified hearings in certain family law proceedings.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20031. The pilot project applies to all hearings, for temporary or permanent child or spousal support, modifications thereof, health insurance, custody, or visitation in a proceeding for dissolution of marriage, nullity of marriage, legal separation of the parties, exclusive custody, or pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12). (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  31. 20032.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    For child- or spousal-support hearings, the clerk must calendar the hearing within 30 days, parties must exchange tax returns and pay stubs before the hearing, and continuances generally require an interim support order.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20032. (a) Each and every hearing in a proceeding described in Section 20031 in which child or spousal support is at issue, including related contempt matters, shall be set by the clerk of the court for hearing within 30 days of filing. (b) At any hearing in which child or spousal support is at issue, each party, both moving and responding, shall bring to the hearing, copies of the last two federal and state income tax returns filed by the party and pay stubs from the last four full months immediately preceding the hearing received by the party, and shall serve those documents on the opposing party at least five days in advance of the hearing date. Willful failure to comply with these requirements or any of the requirements of this pilot project may result in a citation for contempt under Title 5 (commencing with Section 1209) of Part 3 of the Code of Civil Procedure, or in the court’s discretion, the court may refuse to grant relief requested or may impose evidentiary sanctions on a party who fails to submit these documents. The clerk shall cause to be placed on the face sheet of any moving papers for child or spousal support at the time of filing, a notice informing the parties of the requirements of this section. The notice shall also inform the parties that prior to the hearing, they must meet with the Attorney-Mediator pursuant to Section 20034. That meeting may occur in advance of the hearing dates by agreement of the parties, or on the day of the hearing. (c) No continuance of any hearing involving child or spousal support shall be granted by a court without an order setting an interim support level unless the parties stipulate otherwise or the court finds good cause therefor. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  32. 20033.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The court may adopt a local rule to suspend the Income and Expense Declaration in some proceedings during the pilot project if substitute forms capture substantially the same information, and it may still require the declaration in appropriate cases.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20033. The court may pass a local rule that suspends the use of the Income and Expense Declaration mandated by California Rule of Court 1285.50 in some or all proceedings during the pendency of the pilot project, provided that substitute forms are developed and adopted to solicit substantially the same information in a simplified format. The court may, notwithstanding the adoption of a local form, require the use of the Income and Expense Declaration mandated by California Rule of Court 1285.50 in appropriate cases on the motion of either party or on the court’s own motion. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  33. 20034.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    The court must hire an Attorney-Mediator to help resolve child and spousal support disputes and related outreach work, and the court must create a protocol giving all litigants access to a hearing.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20034. (a) An attorney, known as an Attorney-Mediator, shall be hired to assist the court in resolving child and spousal support disputes, to develop community outreach programs, and to undertake other duties as assigned by the court. (b) The Attorney-Mediator shall be an attorney, licensed to practice in this state, with mediation or litigation experience, or both, in the field of family law. (c) By local rule, the superior court may designate the duties of the Attorney-Mediator, which may include, but are not limited to, the following: (1) Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance. Actions in which one or both of the parties are unrepresented by counsel shall have priority. (2) Preparing support schedules based on statutory guidelines accessed through existing up-to-date computer technology. (3) Drafting stipulations to include all issues agreed to by the parties, which may include issues other than those specified in Section 20031. (4) If the parties are unable to resolve issues with the assistance of the Attorney-Mediator, prior to or at the hearing, and at the request of the court, the Attorney-Mediator shall review the paperwork, examine documents, prepare support schedules, and advise the judge whether or not the matter is ready to proceed. (5) Assisting the clerk in maintaining records. (6) Preparing formal orders consistent with the court’s announced order in cases where both parties are unrepresented. (7) Serving as a special master to hearing proceedings and making findings to the court unless the individual has served as a mediator in that case. (8) Assisting the court with research and any other responsibilities that will enable the court to be responsive to the litigants’ needs. (9) Developing programs for bar and community outreach through day and evening programs, video recordings, and other innovative means that will assist unrepresented and financially disadvantaged litigants in gaining meaningful access to family court. These programs shall specifically include information concerning underutilized legislation, such as expedited temporary support orders (Chapter 5 (commencing with Section 3620) of Part 1 of Division 9), modification of support orders (Article 3 (commencing with Section 3680) of Chapter 6 of Part 1 of Division 9), and preexisting, court-sponsored programs, such as supervised visitation and appointment of attorneys for children. (d) The court shall develop a protocol wherein all litigants, both unrepresented by counsel and represented by counsel, have ultimate access to a hearing before the court. (Amended by Stats. 2019, Ch. 115, Sec. 169. (AB 1817) Effective January 1, 2020.)
  34. 20035.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    Temporary support orders under this chapter must follow the statewide uniform guideline and be based on economic evidence available to the court.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20035. Orders for temporary support issued pursuant to this chapter shall comply with the statewide uniform guideline set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 and shall be based on the economic evidence supplied by the parties or otherwise available to the court. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  35. 20036.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    A court may exempt a proceeding from this pilot project’s requirements, either on a party’s motion or on the court’s own motion.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20036. Upon motion by either party or on the court’s own motion, any proceeding that would otherwise fall within this pilot project may by judicial order be exempted from its requirements. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  36. 20037.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    This section keeps the chapter from being applied to certain children served by a district attorney, bars the court from hearing or entering orders in those matters, and allows a limited waiver so a custodial parent can participate in the pilot project.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20037. (a) Except as provided in subdivision (c): (1) Nothing in this chapter shall be construed to apply to a child for whom services are provided or required to be provided by a district attorney pursuant to Section 11475.1 of the Welfare and Institutions Code. (2) The court shall not hear or enter any order under this chapter in a matter involving such a child. (b) Any order entered contrary to subdivision (a) is void and without legal effect. (c) For purposes of enabling a custodial parent receiving assistance under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code to participate in a pilot project authorized by this chapter, the district attorney, upon the request of the custodial parent, may execute a limited waiver of the obligation of representation under Section 11475.1 of the Welfare and Institutions Code. These limited waivers shall be signed by both the district attorney and custodial parent and shall only permit the custodial parent to participate in the proceedings under this chapter. It is not the intent of the Legislature in enacting this section to limit the duties of district attorneys with respect to seeking child support payments or to in any way limit or supersede other provisions of this code respecting temporary child support. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  37. 20038.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

    Verify source ↗

    This section sets a step-by-step court mediation process for custody or visitation disputes, with required scheduling, attendance, filings, and deadlines.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20038. (a) In any case where either party has filed a motion regarding a custody or visitation dispute and has not yet scheduled an appointment for the mediation orientation class by the time of the hearing on the order to show cause, the court shall order all parties to go to Family Court Services that day to schedule an appointment. The mediation orientation shall be scheduled within 14 days. Mediation orientation shall be conducted by Family Court Services and shall include general information on the effect of separation and dissolution on children and parents, the developmental and emotional needs of children in those circumstances, time-sharing considerations and various options concerning legal and physical custody of children, the effect of exposure to domestic violence and extreme conflict on children and parents, the nature of the mediation process and other Family Court Services procedures, and related community resources. (b) After the mediation orientation, the parties may elect to utilize private mental health professionals, in which case the parties or the court may modify the fast track time guidelines provided for in this section. (c) If, after orientation, either party requests mediation, and both parties complete Family Court Services mediation petitions, an appointment shall be scheduled within four weeks after both petitions are submitted and both parties shall attend the mediation as scheduled. (d) At the mediation, if the parties agree to all of the issues regarding custody or visitation, the mediator shall memorialize the agreement in writing, and shall mail copies of the document to the attorneys and parents. Unless written objections to the agreement are sent to Family Court Services within 20 days of mailing the agreement, it will be submitted to the court and become a court order. A copy of the order shall be sent with proof of service to the parties and attorneys by the Family Court. (e) If mediation is completed and there are remaining disputes, the mediator shall write a memorandum of any partial agreement and shall outline the remaining disputes which shall be sent to the attorneys and parties acting in propria persona. The mediator shall refer the parties to the Early Resolution Project. The parties shall meet and confer within 14 days of the referral to determine if a solution can be formulated. If there are remaining issues to be settled after the meeting, an early resolution judicial conference shall be scheduled within 30 days of the request of either party. (f) At the early resolution conference, the judge may take stipulations resolving the issues of custody or visitation. The judge may also request the staff of Family Court Services to provide assessments and expedited evaluations to be held on the same day as the conference, in which case the judge, upon stipulation of the parties, may also order a hearing as soon as the same day on the issues. The judge may also order counseling, a mental health special master, psychological testing, or an extended evaluation by Family Court Services or a private evaluator on some or all issues. (g) When the court at the early resolution judicial conference orders an extended evaluation, the parties shall complete all paperwork, submit deposits to Family Court Services, or both, within five days of the early resolution judicial conference. An evaluator shall be assigned to the case within 10 days thereafter. (h) Evaluation shall be completed within 60 days of assignment to the evaluator, and the evaluator shall submit a report and recommendations which include a proposed order resolving all disputed issues. This report shall be served by certified mail on the attorneys of record, or on the parties if they are appearing in propria persona. If there are objections to the proposed order, the parties shall file written objections, meet with the evaluator within 30 days of service of the report, and serve a copy of the order on Family Court Services within the 30-day period. If a stipulation is reached, it shall be filed with the court. If a dispute remains, a judicial settlement conference shall be scheduled within 14 days of the meeting with the evaluator. Parties, counsel, and the evaluator shall be present at this judicial settlement conference. If there is no resolution at this settlement conference, a trial shall be set within 30 days from the settlement conference by the settlement conference judge. If no objections are filed, Family Court Services shall file the proposed order with the court, and it shall become the court’s order. (i) For good cause shown, all deadlines in this section may be altered by the court. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  38. 20040.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The court may choose to publish a low-cost booklet describing the program.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20040. The court may elect to publish a low-cost booklet describing the program. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  39. 20041.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

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    The court must centralize, augment, and coordinate existing child-related programs under its supervision.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20041. The court shall centralize, augment, and coordinate all presently existing programs under the court’s supervision that relate to children, including, but not limited to, mental health special masters, appointment of attorneys for children, supervised visitation, and other supporting personnel. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  40. 20043.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. )

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    This section estimates the costs, savings, and revenue for the Santa Clara County pilot project, and says participating litigants must complete a simple exit poll.

    ## Family Code - FAM ## DIVISION 20. PILOT PROJECTS [20000 - 20043] ( Division 20 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. FAMILY LAW PILOT PROJECTS [20000 - 20043] ( Part 1 repealed and added by Stats. 1993, Ch. 219, Sec. 210. ) ## CHAPTER 3. Santa Clara County Pilot Project [20030 - 20043] ( Chapter 3 added by Stats. 1993, Ch. 219, Sec. 210. ) ## 20043. (a) It is estimated for Santa Clara County’s participation in the pilot project authorized by this chapter, that 4,000 litigants will be served annually, and that the following savings will occur: (1) With an estimated 20 percent reduction in the use of court time over the current system, the county would save approximately 178 hours per year of court time, or approximately 22 workdays per year. (2) With an estimated cost savings in incomes of judges, court reporters, clerks, bailiffs, and sheriffs, the project is expected to save approximately twenty thousand dollars ($20,000) per year. Cases involving child support obligations which the district attorney’s office was required to handle in one participating county, for the 1989–90 fiscal year, number 2,461. The average time spent on a typical child support order is approximately five hours. There is a potential of 12,500 man-hours per year that could be saved, resulting in a savings of three hundred sixty-seven thousand eight hundred seventy-five dollars ($367,875) per year in attorney salaries alone. This does not take into consideration costs for documents, filing, and other district attorney personnel. (3) The average savings personally to litigants who otherwise would require private representation would be from fifty dollars ($50) to two hundred fifty dollars ($250) per hour of court time and other preparation work. (b) The satisfaction of participating parties will be determined by requiring the litigants using the pilot project to fill out a simple exit poll. The response of at least 70 percent of those questionnaires will be analyzed to decide whether the program has been deemed satisfactory by the participants. (c) The estimated cost of the program is as follows: (1) The estimated salary for an Attorney-Mediator is sixty thousand dollars ($60,000) to sixty-five thousand dollars ($65,000) per year, plus an additional 25 percent of salary to cover the costs of benefits for that position. In addition, there may be other costs connected with this position for support staff at the court. (2) The costs of exit polling and any informational materials to be handed out to the public by the Attorney-Mediator is undetermined and cannot be estimated. (d) The estimated income to cover the costs of this program will be as follows: (1) There are approximately 10,000 dissolution of marriage petitions filed in Santa Clara County each year. Of those cases, approximately one-third of them have responses filed. At the present time, it costs one hundred sixty-five dollars ($165) to have a petition for dissolution of marriage filed and one hundred twenty-seven dollars ($127) to have a response filed, for a cost differential of thirty-eight dollars ($38). By equalizing the response fee with the petition fee, income generated would be approximately one hundred twenty-five thousand four hundred dollars ($125,400) per year. This does not include the cost of fourteen dollars ($14) for each responsive declaration filed to a motion or order to show cause, the annual number of which is significantly greater than 3,300. It is estimated that an additional fifty thousand dollars ($50,000) per year could be generated by equalizing the responsive fees to a motion or order to show cause with the filing of those motions. These fees generated would more than offset the costs of the program. (2) It is also anticipated that the Attorney-Mediator will develop public information and outreach programs which will be paid for by any excess revenue generated from the pilot project and ultimately will result in savings to the public and the court. The public will save by not having to pay attorneys for certain information regarding child support matters, and the court will save by not having to educate the public from the bench, thus expediting the handling of support and custody cases. (e) The cost of computers, printers, and other equipment will be defrayed by contributions. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)
  41. 2010.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In dissolution, nullity, or legal-separation proceedings, the court may decide and order matters about the marriage status, child custody, child support, spousal support, property rights, and attorney’s fees and costs.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2010. In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning the following: (a) The status of the marriage, including any marriage under subdivision (c) of Section 308. (b) The custody of minor children of the marriage. (c) The support of children for whom support may be ordered, including children born after the filing of the initial petition or the final decree of dissolution. (d) The support of either party. (e) The settlement of the property rights of the parties. (f) The award of attorney’s fees and costs. (Amended by Stats. 2010, Ch. 397, Sec. 2. (AB 2700) Effective January 1, 2011.)
  42. 2011.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a spouse is served by the summons method in Section 415.50 of the Code of Civil Procedure, the court may exercise the same jurisdiction over certain real property in California without using attachment or a receiver.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2011. When service of summons on a spouse is made pursuant to Section 415.50 of the Code of Civil Procedure, the court, without the aid of attachment or the appointment of a receiver, shall have and may exercise the same jurisdiction over: (a) The community real property of the spouse so served situated in this state as it has or may exercise over the community real property of a spouse who is personally served with process within this state. (b) The quasi-community real property of the spouse so served situated in this state as it has or may exercise over the quasi-community real property of a spouse who is personally served with process within this state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  43. 2012.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    While a Section 418.10 motion is pending, the respondent may appear in opposition to an order, and that appearance is not treated as a general appearance.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2012. (a) During the time a motion pursuant to Section 418.10 of the Code of Civil Procedure is pending, the respondent may appear in opposition to an order made during the pendency of the proceeding and the appearance shall not be deemed a general appearance by the respondent. (b) As used in this section, a motion pursuant to Section 418.10 of the Code of Civil Procedure is pending from the time notice of motion is served and filed until the time within which to petition for a writ of mandate has expired or, if a petition is made, until the time final judgment in the mandate proceeding is entered. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  44. 2013.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If the parties enter a written agreement, they may use a collaborative law process to resolve matters this code covers within the court’s jurisdiction.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Jurisdiction [2010 - 2013] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2013. (a) If a written agreement is entered into by the parties, the parties may utilize a collaborative law process to resolve any matter governed by this code over which the court is granted jurisdiction pursuant to Section 2000. (b) “Collaborative law process” means the process in which the parties and any professionals engaged by the parties to assist them agree in writing to use their best efforts and to make a good faith attempt to resolve disputes related to the family law matters as referenced in subdivision (a) on an agreed basis without resorting to adversary judicial intervention. (Added by Stats. 2006, Ch. 496, Sec. 2. Effective January 1, 2007.)
  45. 2020.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If there is a responsive pleading, it must be filed and a copy served on the petitioner within 30 days after the respondent is served with the petition and summons.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2020. A responsive pleading, if any, shall be filed and a copy served on the petitioner within 30 days of the date of the service on the respondent of a copy of the petition and summons. (Amended by Stats. 1998, Ch. 581, Sec. 4. Effective January 1, 1999.)
  46. 2021.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may join a person who claims an interest in the proceeding as a party, but only under rules adopted by the Judicial Council. An employee benefit plan may be joined only under Chapter 6.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2021. (a) Subject to subdivision (b), the court may order that a person who claims an interest in the proceeding be joined as a party to the proceeding in accordance with rules adopted by the Judicial Council pursuant to Section 211. (b) An employee benefit plan may be joined as a party only in accordance with Chapter 6 (commencing with Section 2060). (Amended by Stats. 1996, Ch. 1061, Sec. 3. Effective January 1, 1997.)
  47. 2022.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Evidence gathered by unlawful eavesdropping is inadmissible, and if that violation appears, the court may refer the matter for investigation and prosecution.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2022. (a) Evidence collected by eavesdropping in violation of Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code is inadmissible. (b) If it appears that a violation described in subdivision (a) exists, the court may refer the matter to the proper authority for investigation and prosecution. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  48. 2023.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court may order a party to pay an obligation directly to a creditor if doing so would benefit either party or a child eligible for support. The creditor cannot enforce that order, and the creditor’s rights are not changed by it.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2023. (a) On a determination that payment of an obligation of a party would benefit either party or a child for whom support may be ordered, the court may order one of the parties to pay the obligation, or a portion thereof, directly to the creditor. (b) The creditor has no right to enforce the order made under this section, nor are the creditor’s rights affected by the determination made under this section. (Amended by Stats. 1993, Ch. 219, Sec. 104. Effective January 1, 1994.)
  49. 2024.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Certain dissolution, nullity, legal separation petitions, and related judgments must include a statutory notice about possible effects on spouse rights and related documents.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2024. (a) A petition for dissolution of marriage, nullity of marriage, or legal separation of the parties, or a joint petition for summary dissolution of marriage, shall contain the following notice: “Dissolution or annulment of your marriage may automatically cancel your spouse’s rights under your will, trust, retirement benefit plan, power of attorney, pay on death bank account, transfer on death vehicle registration, survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel your spouse’s rights as beneficiary of your life insurance policy. If these are not the results that you want, you must change your will, trust, account agreement, or other similar document to reflect your actual wishes. Dissolution or annulment of your marriage may also automatically cancel your rights under your spouse’s will, trust, retirement benefit plan, power of attorney, pay on death bank account, transfer on death vehicle registration, and survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel your rights as beneficiary of your spouse’s life insurance policy. You should review these matters, as well as any credit cards, other credit accounts, insurance policies, retirement benefit plans, and credit reports to determine whether they should be changed or whether you should take any other actions in view of the dissolution or annulment of your marriage, or your legal separation. However, some changes may require the agreement of your spouse or a court order (see Part 3 (commencing with Section 231) of Division 2 of the Family Code).” (b) A judgment for dissolution of marriage, for nullity of marriage, or for legal separation of the parties shall contain the following notice: “Dissolution or annulment of your marriage may automatically cancel your spouse’s rights under your will, trust, retirement benefit plan, power of attorney, pay on death bank account, transfer on death vehicle registration, survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel your spouse’s rights as beneficiary of your life insurance policy. If these are not the results that you want, you must change your will, trust, account agreement, or other similar document to reflect your actual wishes. Dissolution or annulment of your marriage may also automatically cancel your rights under your spouse’s will, trust, retirement benefit plan, power of attorney, pay on death bank account, transfer on death vehicle registration, survivorship rights to any property owned in joint tenancy, and any other similar thing. It does not automatically cancel your rights as beneficiary of your spouse’s life insurance policy. You should review these matters, as well as any credit cards, other credit accounts, insurance policies, retirement benefit plans, and credit reports to determine whether they should be changed or whether you should take any other actions in view of the dissolution or annulment of your marriage, or your legal separation.” (Amended by Stats. 2001, Ch. 417, Sec. 1. Effective January 1, 2002.)
  50. 2024.5.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In court filings for dissolution, nullity, or legal separation, the petitioner or respondent may redact social security numbers, but certain support-related forms may not be redacted.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2024.5. (a) Except as provided in subdivision (b), the petitioner or respondent may redact any social security number from any pleading, attachment, document, or other written material filed with the court pursuant to a petition for dissolution of marriage, nullity of marriage, or legal separation. The Judicial Council form used to file such a petition, or a response to such a petition, shall contain a notice that the parties may redact any social security numbers from those pleadings, attachments, documents, or other material filed with the court. (b) An abstract of support judgment, the form required pursuant to subdivision (b) of Section 4014, or any similar form created for the purpose of collecting child or spousal support payments may not be redacted pursuant to subdivision (a). (Repealed and added by Stats. 2004, Ch. 45, Sec. 2. Effective June 7, 2004.)
  51. 2024.6.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court must seal certain financial pleadings when a party requests it, and the requesting party must serve the other party with the pleading and file proof of service.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2024.6. (a) Upon request by a party to a petition for dissolution of marriage, nullity of marriage, or legal separation, the court shall order a pleading that lists the parties’ financial assets and liabilities and provides the location or identifying information about those assets and liabilities sealed. The request may be made by ex parte application. Nothing sealed pursuant to this section may be unsealed except upon petition to the court and good cause shown. (b) Commencing not later than July 1, 2005, the Judicial Council form used to declare assets and liabilities of the parties in a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties shall require the party filing the form to state whether the declaration contains identifying information on the assets and liabilities listed therein. If the party making the request uses a pleading other than the Judicial Council form, the pleading shall exhibit a notice on the front page, in bold capital letters, that the pleading lists and identifies financial information and is therefore subject to this section. (c) For purposes of this section, “pleading” means a document that sets forth or declares the parties’ assets and liabilities, income and expenses, a marital settlement agreement that lists and identifies the parties’ assets and liabilities, or any document filed with the court incidental to the declaration or agreement that lists and identifies financial information. (d) The party making the request to seal a pleading pursuant to subdivision (a) shall serve a copy of the pleading on the other party to the proceeding and file a proof of service with the request to seal the pleading. (e) Nothing in this section precludes a party to a proceeding described in this section from using any document or information contained in a sealed pleading in any manner that is not otherwise prohibited by law. (Amended by Stats. 2005, Ch. 22, Sec. 61. Effective January 1, 2006.)
  52. 2024.7.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When a dissolution, nullity, or legal separation petition is filed, the court must give both spouses a notice about possible reduced-cost or no-cost health coverage.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2024.7. On and after January 1, 2014, upon the filing of a petition for dissolution of marriage, nullity of marriage, or legal separation, the court shall provide to the petitioner and the respondent a notice informing them that they may be eligible for reduced-cost coverage through the California Health Benefit Exchange established under Title 22 (commencing with Section 100500) of the Government Code or no-cost coverage through Medi-Cal. The notice shall include information on obtaining coverage pursuant to those programs, and shall be developed by the California Health Benefit Exchange. (Amended by Stats. 2019, Ch. 115, Sec. 14. (AB 1817) Effective January 1, 2020.)
  53. 2025.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court of appeal may take a bifurcated issue on transfer for hearing and decision if the trial court certifies the appeal as appropriate.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2025. Notwithstanding any other provision of law, if the court has ordered an issue or issues bifurcated for separate trial or hearing in advance of the disposition of the entire case, a court of appeal may order an issue or issues transferred to it for hearing and decision when the court that heard the issue or issues certifies that the appeal is appropriate. Certification by the court shall be in accordance with rules promulgated by the Judicial Council. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  54. 2026.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When deciding contempt of an existing court order, the court must treat the parties’ reconciliation—conditional or unconditional—as an ameliorating factor.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2020 - 2026] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2026. The reconciliation of the parties, whether conditional or unconditional, is an ameliorating factor to be considered by the court in considering a contempt of an existing court order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  55. 2030.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. )

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    In family law cases, the court must help ensure both parties can get legal representation and may order payment of attorney’s fees and costs when needed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. ) ## 2030. (a) (1) In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party, except a governmental entity, to pay to the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding. (2) When a request for attorney’s fees and costs is made, the court shall make findings on whether an award of attorney’s fees and costs under this section is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs. A party who lacks the financial ability to hire an attorney may request, as an in pro per litigant, that the court order the other party, if that other party has the financial ability, to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner before proceedings in the matter go forward. (b) Attorney’s fees and costs within this section may be awarded for legal services rendered or costs incurred before or after the commencement of the proceeding. (c) The court shall augment or modify the original award for attorney’s fees and costs as may be reasonably necessary for the prosecution or defense of the proceeding, or any proceeding related thereto, including after any appeal has been concluded. (d) Any order requiring a party who is not the spouse of another party to the proceeding to pay attorney’s fees or costs shall be limited to an amount reasonably necessary to maintain or defend the action on the issues relating to that party. (e) The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court to implement this section and develop a form for the information that shall be submitted to the court to obtain an award of attorney’s fees under this section. (Amended by Stats. 2010, Ch. 352, Sec. 4. (AB 939) Effective January 1, 2011.)
  56. 2031.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. )

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    The court must rule on requests for temporary attorney’s fees or costs within 15 days, and some requests can be made without notice by oral motion in open court.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. ) ## 2031. (a) (1) Except as provided in subdivision (b), during the pendency of a proceeding for dissolution of marriage, for nullity of marriage, for legal separation of the parties, or any proceeding subsequent to entry of a related judgment, an application for a temporary order making, augmenting, or modifying an award of attorney’s fees, including a reasonable retainer to hire an attorney, or costs or both shall be made by motion on notice or by an order to show cause. (2) The court shall rule on an application within 15 days of the hearing on the motion or order to show cause. (b) An order described in subdivision (a) may be made without notice by an oral motion in open court at either of the following times: (1) At the time of the hearing of the cause on the merits. (2) At any time before entry of judgment against a party whose default has been entered pursuant to Section 585 or 586 of the Code of Civil Procedure. The court shall rule on any motion made pursuant to this subdivision within 15 days and prior to the entry of any judgment. (Amended by Stats. 2004, Ch. 472, Sec. 2. Effective January 1, 2005.)
  57. 2032.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. )

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    The court may award attorney’s fees and costs if the award and amount are just and reasonable, and it must consider the parties’ relative financial circumstances.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. ) ## 2032. (a) The court may make an award of attorney’s fees and costs under Section 2030 or 2031 where the making of the award, and the amount of the award, are just and reasonable under the relative circumstances of the respective parties. (b) In determining what is just and reasonable under the relative circumstances, the court shall take into consideration the need for the award to enable each party, to the extent practical, to have sufficient financial resources to present the party’s case adequately, taking into consideration, to the extent relevant, the circumstances of the respective parties described in Section 4320. The fact that the party requesting an award of attorney’s fees and costs has resources from which the party could pay the party’s own attorney’s fees and costs is not itself a bar to an order that the other party pay part or all of the fees and costs requested. Financial resources are only one factor for the court to consider in determining how to apportion the overall cost of the litigation equitably between the parties under their relative circumstances. (c) The court may order payment of an award of attorney’s fees and costs from any type of property, whether community or separate, principal or income. (d) Either party may, at any time before the hearing of the cause on the merits, on noticed motion, request the court to make a finding that the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. Upon that finding, the court may in its discretion determine the appropriate, equitable allocation of attorney’s fees, court costs, expert fees, and consultant fees between the parties. The court order may provide for the allocation of separate or community assets, security against these assets, and for payments from income or anticipated income of either party for the purpose described in this subdivision and for the benefit of one or both parties. Payments shall be authorized only on agreement of the parties or, in the absence thereof, by court order. The court may order that a referee be appointed pursuant to Section 639 of the Code of Civil Procedure to oversee the allocation of fees and costs. (Amended by Stats. 2010, Ch. 352, Sec. 5. (AB 939) Effective January 1, 2011.)
  58. 2033.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. )

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    Either party may place a family law attorney’s real property lien on community real property to pay reasonable attorney’s fees in a dissolution, nullity, or legal separation case, but notice and objection procedures apply.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. ) ## 2033. (a) Either party may encumber the party’s interest in community real property to pay reasonable attorney’s fees in order to retain or maintain legal counsel in a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. This encumbrance shall be known as a “family law attorney’s real property lien” and attaches only to the encumbering party’s interest in the community real property. (b) Notice of a family law attorney’s real property lien shall be served either personally or on the other party’s attorney of record at least 15 days before the encumbrance is recorded. This notice shall contain a declaration signed under penalty of perjury containing all of the following: (1) A full description of the real property. (2) The party’s belief as to the fair market value of the property and documentation supporting that belief. (3) Encumbrances on the property as of the date of the declaration. (4) A list of community assets and liabilities and their estimated values as of the date of the declaration. (5) The amount of the family law attorney’s real property lien. (c) The nonencumbering party may file an ex parte objection to the family law attorney’s real property lien. The objection shall include a request to stay the recordation until further notice of the court and shall contain a copy of the notice received. The objection shall also include a declaration signed under penalty of perjury as to all of the following: (1) Specific objections to the family law attorney’s real property lien and to the specific items in the notice. (2) The objector’s belief as to the appropriate items or value and documentation supporting that belief. (3) A declaration specifically stating why recordation of the encumbrance at this time would likely result in an unequal division of property or would otherwise be unjust under the circumstances of the case. (d) Except as otherwise provided by this section, general procedural rules regarding ex parte motions apply. (e) An attorney for whom a family law attorney’s real property lien is obtained shall comply with Rule 3-300 of the Rules of Professional Conduct of the State Bar of California. (Amended by Stats. 2019, Ch. 115, Sec. 15. (AB 1817) Effective January 1, 2020.)
  59. 2034.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. )

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    The court may deny or limit a family law attorney’s real property lien, and it may decide related fee-allocation issues and disputes.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3.5. Attorney’s Fees and Costs [2030 - 2034] ( Chapter 3.5 added by Stats. 1993, Ch. 219, Sec. 106.1. ) ## 2034. (a) On application of either party, the court may deny the family law attorney’s real property lien described in Section 2033 based on a finding that the encumbrance would likely result in an unequal division of property because it would impair the encumbering party’s ability to meet the party’s fair share of the community obligations or would otherwise be unjust under the circumstances of the case. The court may also, for good cause, limit the amount of the family law attorney’s real property lien. A limitation by the court is not to be construed as a determination of reasonable attorney’s fees. (b) On receiving an objection to the establishment of a family law attorney’s real property lien, the court may, on its own motion, determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support. If the court finds that the case involves one or more of these complex or substantial issues, the court may determine the appropriate, equitable allocation of fees and costs as provided in subdivision (d) of Section 2032. (c) The court has jurisdiction to resolve any dispute arising from the existence of a family law attorney’s real property lien. (Amended by Stats. 2019, Ch. 115, Sec. 16. (AB 1817) Effective January 1, 2020.)
  60. 2041.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 1. Orders in Summons [2040 - 2041] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 106.7. )

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    Section 2041 says Section 2040 does not adversely affect the rights, title, or interest of certain good-faith purchasers, encumbrancers, or lessees who lack actual knowledge of the restraining order.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 1. Orders in Summons [2040 - 2041] ( Article 1 added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## 2041. Nothing in Section 2040 adversely affects the rights, title, and interest of a purchaser for value, encumbrancer for value, or lessee for value who is without actual knowledge of the restraining order. (Added by Stats. 1993, Ch. 219, Sec. 106.7. Effective January 1, 1994.)
  61. 2045.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 2. Ex Parte Orders [2045- 2045.] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 106.7. )

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    The court may issue ex parte orders during a proceeding if a party applies in the required manner.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 2. Ex Parte Orders [2045- 2045.] ( Article 2 added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## 2045. During the pendency of the proceeding, on application of a party in the manner provided by Part 4 (commencing with Section 240) of Division 2, the court may issue ex parte any of the following orders: (a) An order restraining any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life, and if the order is directed against a party, requiring that party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures. (b) A protective order, as defined in Section 6218, and any other order as provided in Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10. (Added by Stats. 1993, Ch. 219, Sec. 106.7. Effective January 1, 1994.)
  62. 2047.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 3. Orders After Notice and Hearing [2047- 2047.] ( Article 3 added by Stats. 1993, Ch. 219, Sec. 106.7. )

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    After notice and a hearing, the court may issue protective and restraining orders; it may not issue a mutual protective order unless Section 6305’s requirements are met.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 3. Orders After Notice and Hearing [2047- 2047.] ( Article 3 added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## 2047. (a) After notice and a hearing, the court may issue a protective order, as defined in Section 6218, and any other restraining order as provided in Article 2 (commencing with Section 6340) of Chapter 2 of Part 4 of Division 10. (b) The court may not issue a mutual protective order pursuant to subdivision (a) unless it meets the requirements of Section 6305. (Amended by Stats. 1995, Ch. 246, Sec. 1. Effective January 1, 1996.)
  63. 2049.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 4. Orders Included in Judgment [2049- 2049.] ( Article 4 added by Stats. 1993, Ch. 219, Sec. 106.7. )

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    A judgment may include a protective order and any other restraining order allowed by the referenced provisions.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Protective and Restraining Orders [2040 - 2049] ( Chapter 4 repealed and added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## ARTICLE 4. Orders Included in Judgment [2049- 2049.] ( Article 4 added by Stats. 1993, Ch. 219, Sec. 106.7. ) ## 2049. A judgment may include a protective order, as defined in Section 6218, and any other restraining order as provided in Article 3 (commencing with Section 6360) of Chapter 2 of Part 4 of Division 10. (Added by Stats. 1993, Ch. 219, Sec. 106.7. Effective January 1, 1994.)
  64. 2050.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A party may send a notice to certain insurance carriers during the proceeding, and the court may order that notice sent. The carrier must keep beneficiaries or covered dependents in place unless policy terms, other law, or later court directions require otherwise, and must notify specified persons if coverage or beneficiaries change.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2050. Upon filing of the petition, or at any time during the proceeding, a party may transmit to, or the court may order transmittal to, a health, life, or disability insurance carrier or plan the following notice in substantially the following form: “YOU ARE HEREBY NOTIFIED, PURSUANT TO A PENDING PROCEEDING, IN RE MARRIAGE OF ____, CASE NUMBER ____, FILED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ____, THAT OWNERSHIP OF, OR BENEFITS PAYABLE UNDER, A POLICY OF HEALTH, LIFE, OR DISABILITY INSURANCE WHICH YOU HAVE ISSUED TO ONE OF THE PARTIES TO THIS PROCEEDING, POLICY NO. ____, IS AT ISSUE OR MAY BE AT ISSUE IN THE PROCEEDING. YOU ARE HEREBY INSTRUCTED TO MAINTAIN THE NAMED BENEFICIARIES OR COVERED DEPENDENTS UNDER THE POLICY, UNLESS THE TERMS OF THE POLICY OR OTHER PROVISIONS OF LAW REQUIRE OTHERWISE, OR UNTIL RECEIPT OF A COURT ORDER, JUDGMENT, OR STIPULATION BETWEEN THE PARTIES PROVIDING OTHER INSTRUCTIONS. YOU ARE FURTHER INSTRUCTED TO SEND NOTICE TO THE NAMED BENEFICIARIES, COVERED DEPENDENTS, OR OTHER SPECIFIED PERSONS UPON CANCELLATION, LAPSE, OR CHANGE OF THE COVERAGE, OR CHANGE OF DESIGNATED BENEFICIARIES UNDER THE POLICY.” (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  65. 2051.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After certain family-court insurance orders, a party may send, or the court may order sent, the order and a prescribed notice to the insurer or plan.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2051. Upon the entry of an order or judgment in the proceeding requiring a party to maintain existing health, life, or disability insurance coverage for a spouse or children or after an order or judgment in the proceeding requiring a party to purchase life or disability insurance and name the spouse or children as beneficiaries and upon receipt of the name, title, and address of the insurer, or the name of the plan’s trustee, administrator, or agent for service of process, a party may transmit to, or the court may order transmittal to, the insurer or plan a copy of the order or judgment endorsed by the court, together with the following notice in substantially the following form: “PURSUANT TO A PROCEEDING, IN RE MARRIAGE OF ____, CASE NUMBER ____, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ____, YOUR INSURED, ____, HAS BEEN ORDERED TO MAINTAIN THE EXISTING (HEALTH) (LIFE) (DISABILITY) INSURANCE COVERAGE, POLICY NO. ____, IN FORCE FOR THE NAMED BENEFICIARIES OR COVERED DEPENDENTS AS SPECIFIED IN THE ATTACHED ORDER OR JUDGMENT. THE ATTACHED ORDER OR JUDGMENT REQUIRES YOU TO MAINTAIN THE NAMED BENEFICIARIES UNDER THE POLICY AS IRREVOCABLE BENEFICIARIES OR COVERED DEPENDENTS OF THE POLICY AND YOU MUST ADMINISTER THE COVERAGE ACCORDINGLY, UNTIL THE DATE SPECIFIED, IF ANY, IN THE ORDER OR JUDGMENT, OR UNTIL THE RECEIPT OF A COURT ORDER, JUDGMENT, OR STIPULATION PROVIDING OTHER INSTRUCTIONS. YOU ARE FURTHER INSTRUCTED TO SEND NOTICE TO THE NAMED BENEFICIARIES, COVERED DEPENDENTS, OR OTHER SPECIFIED PERSONS UPON ANY CANCELLATION, LAPSE, OR CHANGE OF COVERAGE, OR CHANGE OF DESIGNATED BENEFICIARIES UNDER THIS POLICY.” (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  66. 2052.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Notice under this chapter may be sent by first-class mail, postage prepaid, to certain last known addresses.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2052. Notice pursuant to this chapter may be sent by first-class mail, postage prepaid, to the last known address of the covered dependents, named beneficiaries, or other specified persons who have requested receipt of notification. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  67. 2053.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An insured or policyholder who is a party to the proceeding must give the other party the insurer’s name, title, and address, or the insurer’s agent for service of process.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Notice to Insurance Carriers [2050 - 2053] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2053. The insured or policyholder who is a party to the proceeding shall furnish to the other party the name, title, and address of the insurer or the insurer’s agent for service of process. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  68. 2060.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    On written application by a party, the clerk must join the relevant employee benefit plan as a party to the proceeding.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2060. (a) Upon written application by a party, the clerk shall enter an order joining as a party to the proceeding any employee benefit plan in which either party to the proceeding claims an interest that is or may be subject to disposition by the court. (b) An order or judgment in the proceeding is not enforceable against an employee benefit plan unless the plan has been joined as a party to the proceeding. (Amended by Stats. 1996, Ch. 1061, Sec. 4. Effective January 1, 1997.)
  69. 2061.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After an order under Section 2060 is entered, the party seeking joinder must file a pleading stating the claim against the plan and the relief requested.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2061. Upon entry of the order under Section 2060, the party requesting joinder shall file an appropriate pleading setting forth the party’s claim against the plan and the nature of the relief sought. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  70. 2062.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The party asking to join an employee benefit plan in the case must serve specified joinder papers on the plan. The employee spouse must also give the nonemployee spouse plan-contact information within 30 days after a written request, and the employee may need to get that information from the plan or plan sponsor.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2062. (a) The party requesting joinder shall serve all of the following upon the employee benefit plan: (1) A copy of the pleading on joinder. (2) A copy of the request for joinder and order of joinder. (3) A copy of the summons (joinder). (4) A blank copy of a notice of appearance in form and content approved by the Judicial Council. (b) Service shall be made in the same manner as service of papers generally. Service of the summons upon a trustee or administrator of the plan in its capacity as trustee or administrator, or upon an agent designated by the plan for service of process in its capacity as agent, constitutes service upon the plan. (c) To facilitate identification and service, the employee spouse shall furnish to the nonemployee spouse within 30 days after written request, as to each employee benefit plan covering the employee, the name of the plan, the name, title, address, and telephone number of the plan’s trustee, administrator, or agent for service of process. If necessary, the employee shall obtain the information from the plan or plan sponsor. (Amended by Stats. 1994, Ch. 1269, Sec. 15. Effective January 1, 1995.)
  71. 2063.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An employee benefit plan must file and serve a notice of appearance within 30 days after it is served with the joinder request and summons.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2063. (a) The employee benefit plan shall file and serve a copy of a notice of appearance upon the party requesting joinder within 30 days of the date of the service upon the plan of a copy of the joinder request and summons. (b) The employee benefit plan may, but need not, file an appropriate responsive pleading with its notice of appearance. If the plan does not file a responsive pleading, all statements of fact and requests for relief contained in any pleading served on the plan are deemed to be controverted by the plan’s notice of appearance. (Amended by Stats. 1994, Ch. 1269, Sec. 16. Effective January 1, 1995.)
  72. 2064.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An employee benefit plan does not have to pay a clerk-of-court fee to file a notice of appearance or later papers in the proceeding.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2064. Notwithstanding any contrary provision of law, the employee benefit plan is not required to pay any fee to the clerk of the court as a condition to filing the notice of appearance or any subsequent paper in the proceeding. (Amended by Stats. 1994, Ch. 1269, Sec. 17. Effective January 1, 1995.)
  73. 2065.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If an employee benefit plan has been served and no timely appearance or related challenge is filed, the court clerk must enter the plan’s default when the party seeking joinder applies in writing.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 1. Joinder of Plan [2060 - 2065] ( Article 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2065. If the employee benefit plan has been served and no notice of appearance, notice of motion to quash service of summons pursuant to Section 418.10 of the Code of Civil Procedure, or notice of the filing of a petition for writ of mandate as provided in that section, has been filed with the clerk of the court within the time specified in the summons or such further time as may be allowed, the clerk, upon written application of the party requesting joinder, shall enter the default of the employee benefit plan in accordance with Chapter 2 (commencing with Section 585) of Title 8 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1994, Ch. 1269, Sec. 18. Effective January 1, 1995.)
  74. 2070.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This article applies to proceedings where an employee benefit plan has been joined as a party.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2070. (a) This article governs a proceeding in which an employee benefit plan has been joined as a party. (b) To the extent not in conflict with this article and except as otherwise provided by rules adopted by the Judicial Council pursuant to Section 211, all provisions of law applicable to civil actions generally apply, regardless of nomenclature, to the portion of the proceeding as to which an employee benefit plan has been joined as a party if those provisions would otherwise apply to the proceeding without reference to this article. (Amended by Stats. 1994, Ch. 1269, Sec. 19. Effective January 1, 1995.)
  75. 2071.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Either party or their representatives may notify the employee benefit plan about a proposed property settlement before the hearing. If notified, the plan may agree to the settlement or say it will contest it.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2071. Either party or their representatives may notify the employee benefit plan of any proposed property settlement as it concerns the plan before any hearing at which the proposed property settlement will be a matter before the court. If so notified, the plan may stipulate to the proposed settlement or advise the representative that it will contest the proposed settlement. (Amended by Stats. 1994, Ch. 1269, Sec. 20. Effective January 1, 1995.)
  76. 2072.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The employee benefit plan may appear at any hearing in the proceeding, but is not required to do so.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2072. The employee benefit plan is not required to, but may, appear at any hearing in the proceeding. For purposes of the Code of Civil Procedure, the plan shall be considered a party appearing at the trial with respect to any hearing at which the interest of the parties in the plan is an issue before the court. (Amended by Stats. 1994, Ch. 1269, Sec. 21. Effective January 1, 1995.)
  77. 2073.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The employee benefit plan can delay or shorten the 30-day stay period, and certain order provisions remain stayed while the plan’s motion is pending.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2073. (a) Subject to subdivisions (b) and (c), the provisions of an order entered by stipulation of the parties or entered at or as a result of a hearing not attended by the employee benefit plan (whether or not the plan received notice of the hearing) which affect the plan or which affect any interest either the petitioner or respondent may have or claim under the plan, shall be stayed until 30 days after the order has been served upon the plan. (b) The plan may waive all or any portion of the 30-day period under subdivision (a). (c) If within the 30-day period, the plan files in the proceeding a motion to set aside or modify those provisions of the order affecting it, those provisions shall be stayed until the court has resolved the motion. (d) The duration of the stay described in subdivision (a), and the time period for filing the motion to set aside or modify provisions of the order, shall be extended to 60 days if the plan files with the court and serves on all affected parties a request for extension within the 30-day period. (e) Either spousal party may seek an order staying any other provisions of the order and associated orders or judgments related to or affected by the provisions to which the plan has objected, until the court has resolved the motion, in order to protect the right of the party to seek relief under subdivision (c) of Section 2074. (Amended by Stats. 1994, Ch. 1269, Sec. 22. Effective January 1, 1995.)
  78. 2074.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In motions to set aside or modify certain orders, any party may submit further evidence, the court must consider that evidence in its statement of decision, and the court may further adjust related provisions if the employee benefit plan provisions are changed or set aside.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Employee Pension Benefit Plan as Party [2060 - 2074] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## ARTICLE 2. Proceedings After Joinder [2070 - 2074] ( Article 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2074. (a) At any hearing on a motion to set aside or modify an order pursuant to Section 2073, any party may present further evidence on any issue relating to the rights of the parties under the employee benefit plan or the extent of the parties’ community or quasi-community property interest in the plan, except where the parties have agreed in writing to the contrary. (b) Any statement of decision issued by the court with respect to the order which is the subject of the motion shall take account of the evidence referred to in subdivision (a). (c) If the provisions of the order affecting the employee benefit plan are modified or set aside, the court, on motion by either party, may set aside or modify other provisions of the order and associated orders or judgments related to or affected by the provisions affecting the plan. (Amended by Stats. 1994, Ch. 1269, Sec. 23. Effective January 1, 1995.)
  79. 2080.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Restoration of Spouse’s Former Name [2080 - 2082] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 780, Sec. 1. )

    Verify source ↗

    In dissolution or nullity cases, the court must restore a party’s birth name or former name if the party asks for it; this does not apply in legal separation cases.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Restoration of Spouse’s Former Name [2080 - 2082] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 780, Sec. 1. ) ## 2080. In a proceeding for dissolution of marriage or for nullity of marriage, but not in a proceeding for legal separation of the parties, the court, upon the request of a party, shall restore the birth name or former name of that party, regardless of whether a request for restoration of the name was included in the petition. (Amended by Stats. 2024, Ch. 780, Sec. 2. (SB 1150) Effective January 1, 2025.)
  80. 2081.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Restoration of Spouse’s Former Name [2080 - 2082] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 780, Sec. 1. )

    Verify source ↗

    A request to restore a former name or birth name under Section 2080 cannot be denied for having custody of a minor child with a different name, except in cases of fraud.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Restoration of Spouse’s Former Name [2080 - 2082] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 780, Sec. 1. ) ## 2081. The restoration of a former name or birth name requested under Section 2080 shall not be denied on the basis that the party has custody of a minor child who bears a different name, or for any other reason except fraud. (Amended by Stats. 2024, Ch. 780, Sec. 3. (SB 1150) Effective January 1, 2025.)
  81. 2082.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Restoration of Spouse’s Former Name [2080 - 2082] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 780, Sec. 1. )

    Verify source ↗

    This section says the code does not take away any person’s common law right to change their name.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Restoration of Spouse’s Former Name [2080 - 2082] ( Heading of Chapter 7 amended by Stats. 2024, Ch. 780, Sec. 1. ) ## 2082. This code does not abrogate the common law right of any person to change one’s name. (Amended by Stats. 2024, Ch. 780, Sec. 4. (SB 1150) Effective January 1, 2025.)
  82. 2090.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This chapter may be cited as the Uniform Divorce Recognition Act.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2090. This chapter may be cited as the Uniform Divorce Recognition Act. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  83. 2091.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A divorce obtained in another jurisdiction has no force or effect in this state if both spouses were domiciled in this state when the divorce proceeding started.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2091. A divorce obtained in another jurisdiction shall be of no force or effect in this state if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  84. 2092.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Certain residence and domicile facts are prima facie evidence that a person was domiciled in California when an out-of-state divorce proceeding began.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2092. Proof that a person hereafter obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this state within 12 months before the commencement of the proceeding therefor, and resumed residence in this state within 18 months after the date of the person’s departure therefrom, or (b) at all times after the person’s departure from this state and until the person’s return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  85. 2093.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This chapter’s application is limited by the U.S. Constitution’s full faith and credit requirement.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Uniform Divorce Recognition Act [2090 - 2093] ( Chapter 8 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2093. The application of this chapter is limited by the requirement of the Constitution of the United States that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  86. 210.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says the ordinary civil-action practice and procedure rules apply to proceedings under this code, unless another statute or Judicial Council rule provides otherwise.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 210. Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code. (Amended by Stats. 2002, Ch. 1118, Sec. 2. Effective January 1, 2003.)
  87. 2100.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

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    Parties in a dissolution or legal separation case must make a full disclosure of assets, liabilities, income, and expenses early in the case, and keep it updated when material changes occur.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2100. The Legislature finds and declares the following: (a) It is the policy of the State of California (1) to marshal, preserve, and protect community and quasi-community assets and liabilities that exist at the date of separation so as to avoid dissipation of the community estate before distribution, (2) to ensure fair and sufficient child and spousal support awards, and (3) to achieve a division of community and quasi-community assets and liabilities on the dissolution or nullity of marriage or legal separation of the parties as provided under California law. (b) Sound public policy further favors the reduction of the adversarial nature of marital dissolution and the attendant costs by fostering full disclosure and cooperative discovery. (c) In order to promote this public policy, a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest must be made in the early stages of a proceeding for dissolution of marriage or legal separation of the parties, regardless of the characterization as community or separate, together with a disclosure of all income and expenses of the parties. Moreover, each party has a continuing duty to immediately, fully, and accurately update and augment that disclosure to the extent there have been any material changes so that at the time the parties enter into an agreement for the resolution of any of these issues, or at the time of trial on these issues, each party will have a full and complete knowledge of the relevant underlying facts. (Amended by Stats. 2001, Ch. 703, Sec. 2. Effective January 1, 2002.)
  88. 2101.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    This section defines terms used in Chapter 9 on disclosure of assets and liabilities.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2101. Unless the provision or context otherwise requires, the following definitions apply to this chapter: (a) “Asset” includes, but is not limited to, any real or personal property of any nature, whether tangible or intangible, and whether currently existing or contingent. (b) “Default judgment” does not include a stipulated judgment or any judgment pursuant to a marital settlement agreement. (c) “Earnings and accumulations” includes income from whatever source derived, as provided in Section 4058. (d) “Expenses” includes, but is not limited to, all personal living expenses, but does not include business related expenses. (e) “Income and expense declaration” includes the Income and Expense Declaration forms approved for use by the Judicial Council, and any other financial statement that is approved for use by the Judicial Council in lieu of the Income and Expense Declaration, if the financial statement form satisfies all other applicable criteria. (f) “Liability” includes, but is not limited to, any debt or obligation, whether currently existing or contingent. (Amended by Stats. 1998, Ch. 581, Sec. 5. Effective January 1, 1999.)
  89. 2102.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

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    Each party must disclose and update asset, liability, earnings, expense, and certain opportunity information during the periods described, and follow Section 721 standards for activities affecting the other party’s assets and liabilities.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2102. (a) From the date of separation to the date of the distribution of the community or quasi-community asset or liability in question, each party is subject to the standards provided in Section 721, as to all activities that affect the assets and liabilities of the other party, including, but not limited to, the following activities: (1) The accurate and complete disclosure of all assets and liabilities in which the party has or may have an interest or obligation and all current earnings, accumulations, and expenses, including an immediate, full, and accurate update or augmentation to the extent there have been material changes. (2) The accurate and complete written disclosure of any investment opportunity, business opportunity, or other income-producing opportunity that presents itself after the date of separation, but that results from any investment, significant business activity outside the ordinary course of business, or other income-producing opportunity of either spouse from the date of marriage to the date of separation, inclusive. The written disclosure shall be made in sufficient time for the other spouse to make an informed decision as to whether the spouse desires to participate in the investment opportunity, business, or other potential income-producing opportunity, and for the court to resolve any dispute regarding the right of the other spouse to participate in the opportunity. In the event of nondisclosure of an investment opportunity, the division of any gain resulting from that opportunity is governed by the standard provided in Section 2556. (3) The operation or management of a business or an interest in a business in which the community may have an interest. (b) From the date that a valid, enforceable, and binding resolution of the disposition of the asset or liability in question is reached, until the asset or liability has actually been distributed, each party is subject to the standards provided in Section 721 as to all activities that affect the assets or liabilities of the other party. Once a particular asset or liability has been distributed, the duties and standards set forth in Section 721 shall end as to that asset or liability. (c) From the date of separation to the date of a valid, enforceable, and binding resolution of all issues relating to child or spousal support and professional fees, each party is subject to the standards provided in Section 721 as to all issues relating to the support and fees, including immediate, full, and accurate disclosure of all material facts and information regarding the income or expenses of the party. (Amended by Stats. 2019, Ch. 115, Sec. 18. (AB 1817) Effective January 1, 2020.)
  90. 2103.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    Each spouse in a dissolution or legal separation case must serve disclosure forms on the other party and file proof of service with the court, unless an exception applies.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2103. In order to provide full and accurate disclosure of all assets and liabilities in which one or both parties may have an interest, each party to a proceeding for dissolution of the marriage or legal separation of the parties shall serve on the other party a preliminary declaration of disclosure under Section 2104, unless service of the preliminary declaration of disclosure is waived as provided in Section 2107 or is not required pursuant to Section 2110, and a final declaration of disclosure under Section 2105, unless service of the final declaration of disclosure is waived pursuant to Section 2105, 2107, or 2110, and shall file proof of service of each with the court. (Amended by Stats. 2016, Ch. 474, Sec. 7. (AB 2882) Effective January 1, 2017.)
  91. 2104.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    Each party in a dissolution or legal-separation case must serve a preliminary declaration of disclosure, with limited exceptions.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2104. (a) Except by court order for good cause, as provided in Section 2107, or when service of the preliminary declaration of disclosure is not required pursuant to Section 2110, in the time period set forth in subdivision (f), each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury on a form prescribed by the Judicial Council. The commission of perjury on the preliminary declaration of disclosure may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. The preliminary declaration of disclosure shall include all tax returns filed by the declarant within the two years prior to the date that the party served the declaration. (b) The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court. (c) The preliminary declaration of disclosure shall set forth with sufficient particularity, that a person of reasonable and ordinary intelligence can ascertain, all of the following: (1) The identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of the asset or liability as community, quasi-community, or separate. (2) The declarant’s percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant’s characterization of each asset or liability. (d) A declarant may amend the preliminary declaration of disclosure without leave of the court. Proof of service of an amendment shall be filed with the court. (e) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid. (f) The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order. (Amended by Stats. 2019, Ch. 115, Sec. 19. (AB 1817) Effective January 1, 2020.)
  92. 2105.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

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    This section requires each party, or the party’s attorney, to serve a final declaration of disclosure and a current income and expense declaration by the stated deadline, unless excused by court order for good cause or waived by both parties.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2105. (a) Except by court order for good cause, before or at the time the parties enter into an agreement for the resolution of property or support issues other than pendente lite support, or, if the case goes to trial, no later than 45 days before the first assigned trial date, each party, or the attorney for the party in this matter, shall serve on the other party a final declaration of disclosure and a current income and expense declaration, executed under penalty of perjury on a form prescribed by the Judicial Council, unless the parties mutually waive the final declaration of disclosure. The commission of perjury on the final declaration of disclosure by a party may be grounds for setting aside the judgment, or any part or parts thereof, pursuant to Chapter 10 (commencing with Section 2120), in addition to any and all other remedies, civil or criminal, that otherwise are available under law for the commission of perjury. (b) The final declaration of disclosure shall include all of the following information: (1) All material facts and information regarding the characterization of all assets and liabilities. (2) All material facts and information regarding the valuation of all assets that are contended to be community property or in which it is contended the community has an interest. (3) All material facts and information regarding the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability. (4) All material facts and information regarding the earnings, accumulations, and expenses of each party that have been set forth in the income and expense declaration. (c) In making an order setting aside a judgment for failure to comply with this section, the court may limit the set aside to those portions of the judgment materially affected by the nondisclosure. (d) The parties may stipulate to a mutual waiver of the requirements of subdivision (a) concerning the final declaration of disclosure, by execution of a waiver under penalty of perjury entered into in open court or by separate stipulation. The waiver shall include all of the following representations: (1) Both parties have complied with Section 2104 and the preliminary declarations of disclosure have been completed and exchanged. (2) Both parties have completed and exchanged a current income and expense declaration, that includes all material facts and information regarding that party’s earnings, accumulations, and expenses. (3) Both parties have fully complied with Section 2102 and have fully augmented the preliminary declarations of disclosure, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability. (4) The waiver is knowingly, intelligently, and voluntarily entered into by each of the parties. (5) Each party understands that this waiver does not limit the legal disclosure obligations of the parties, but rather is a statement under penalty of perjury that those obligations have been fulfilled. Each party further understands that noncompliance with those obligations will result in the court setting aside the judgment. (Amended by Stats. 2001, Ch. 703, Sec. 4. Effective January 1, 2002.)
  93. 2106.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

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    Judgment on the parties’ property rights cannot be entered unless the required disclosure documents have been executed and served, and each party or attorney files a sworn declaration about service or waiver.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2106. Except as provided in subdivision (d) of Section 2105, Section 2110, or absent good cause as provided in Section 2107, judgment shall not be entered with respect to the parties’ property rights without each party, or the attorney for that party in this matter, having executed and served a copy of the final declaration of disclosure and current income and expense declaration. Each party, or the party’s attorney, shall execute and file with the court a declaration signed under penalty of perjury stating that service of the final declaration of disclosure and current income and expense declaration was made on the other party or that service of the final declaration of disclosure has been waived pursuant to subdivision (d) of Section 2105 or in Section 2110. (Amended by Stats. 2019, Ch. 115, Sec. 20. (AB 1817) Effective January 1, 2020.)
  94. 2107.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

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    If disclosure is not served or is incomplete, the compliant party may ask for correction, file motions, and the court must impose sanctions; the court must also set aside certain judgments when disclosure rules were not met.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2107. (a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104, unless that party is not required to serve a preliminary declaration of disclosure pursuant to Section 2110, or a final declaration of disclosure under Section 2105, or fails to provide the information required in the respective declarations with sufficient particularity, and if the other party has served the respective declaration of disclosure on the noncomplying party, the complying party may, within a reasonable time, request preparation of the appropriate declaration of disclosure or further particularity. (b) If the noncomplying party fails to comply with a request under subdivision (a), the complying party may do one or more of the following: (1) File a motion to compel a further response. (2) File a motion for an order preventing the noncomplying party from presenting evidence on issues that should have been covered in the declaration of disclosure. (3) File a motion showing good cause for the court to grant the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to Section 2104 or final declaration of disclosure pursuant to Section 2105. The voluntary waiver does not affect the rights enumerated in subdivision (d). (c) If a party fails to comply with any provision of this chapter, the court shall, in addition to any other remedy provided by law, impose money sanctions against the noncomplying party. Sanctions shall be in an amount sufficient to deter repetition of the conduct or comparable conduct, and shall include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the noncomplying party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (d) Except as otherwise provided in this subdivision, if a court enters a judgment when the parties have failed to comply with all disclosure requirements of this chapter, the court shall set aside the judgment. The failure to comply with the disclosure requirements does not constitute harmless error. If the court granted the complying party’s voluntary waiver of receipt of the noncomplying party’s preliminary declaration of disclosure pursuant to paragraph (3) of subdivision (b), the court shall set aside the judgment only at the request of the complying party, unless the motion to set aside the judgment is based on one of the following: (1) Actual fraud if the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. (2) Perjury, as defined in Section 118 of the Penal Code, in the preliminary or final declaration of disclosure, in the waiver of the final declaration of disclosure, or in the current income and expense statement. (e) Upon the motion to set aside judgment, the court may order the parties to provide the preliminary and final declarations of disclosure that were exchanged between them. Absent a court order to the contrary, the disclosure declarations shall not be filed with the court and shall be returned to the parties. (Amended by Stats. 2015, Ch. 46, Sec. 3. (SB 340) Effective January 1, 2016.)
  95. 2108.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

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    The court may order liquidation of community or quasi-community assets during the proceeding, on a party’s application and for good cause, to avoid unreasonable market or investment risks.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2108. At any time during the proceeding, the court has the authority, on application of a party and for good cause, to order the liquidation of community or quasi-community assets so as to avoid unreasonable market or investment risks, given the relative nature, scope, and extent of the community estate. However, in no event shall the court grant the application unless, as provided in this chapter, the appropriate declaration of disclosure has been served by the moving party. (Added by Stats. 1993, Ch. 219, Sec. 107. Effective January 1, 1994.)
  96. 2109.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    For a summary dissolution of marriage, this chapter’s final declaration of disclosure requirement does not apply, but a preliminary declaration of disclosure is still required.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2109. The provisions of this chapter requiring a final declaration of disclosure do not apply to a summary dissolution of marriage, but a preliminary declaration of disclosure is required. (Added by Stats. 1993, Ch. 1101, Sec. 11. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.)
  97. 211.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The Judicial Council may make rules for practice and procedure in proceedings under this code.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 211. Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  98. 211.5.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Courts must give self-identified veterans a resources list in proceedings under this code, and the Department of Veterans Affairs must contact the person after receiving the veteran form copy.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 211.5. (a) (1) Commencing January 1, 2024, in proceedings under this code, a court shall provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs. (2) The veteran may, at their discretion, provide the information about their veteran status on the Judicial Council military service form, file the form with the court, and serve it on the other parties to the action. (b) (1) When a person files a form identifying the person as a veteran pursuant to paragraph (2) of subdivision (a), the court shall transmit a copy of the form to the Department of Veterans Affairs. (2) Upon receipt of a copy of the form, the Department of Veterans Affairs shall, within a reasonable time, contact the person using the information provided on the form. (c) On or before January 1, 2024, the Judicial Council may amend or develop the rules and forms necessary to implement this section. (Added by Stats. 2022, Ch. 385, Sec. 2. (SB 1182) Effective January 1, 2023.)
  99. 2110.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    In a default judgment, the petitioner may waive the chapter’s final disclosure requirements and does not have to serve or receive a final declaration of disclosure. A preliminary declaration is still required unless the summons and petition were served by publication or posting under court order and the respondent defaulted.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2110. In the case of a default judgment, the petitioner may waive the final declaration of disclosure requirements provided in this chapter, and shall not be required to serve a final declaration of disclosure on the respondent nor receive a final declaration of disclosure from the respondent. However, a preliminary declaration of disclosure by the petitioner is required unless the petitioner served the summons and petition by publication or posting pursuant to court order and the respondent has defaulted. (Amended by Stats. 2015, Ch. 46, Sec. 4. (SB 340) Effective January 1, 2016.)
  100. 2111.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    A disclosure required by this chapter does not override attorney work product privilege or limit the court’s power to issue protective orders.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2111. A disclosure required by this chapter does not abrogate the attorney work product privilege or impede the power of the court to issue protective orders. (Added by Stats. 1993, Ch. 1101, Sec. 13. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.)
  101. 2112.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    The Judicial Council must adopt appropriate forms and modify existing forms for this chapter’s purposes.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2112. The Judicial Council shall adopt appropriate forms and modify existing forms to effectuate the purposes of this chapter. (Added by Stats. 1993, Ch. 1101, Sec. 14. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.)
  102. 2113.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. )

    Verify source ↗

    This chapter applies to any proceeding commenced on or after January 1, 1993.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 9. Disclosure of Assets and Liabilities [2100 - 2113] ( Chapter 9 added by Stats. 1993, Ch. 219, Sec. 107. ) ## 2113. This chapter applies to any proceeding commenced on or after January 1, 1993. (Added by renumbering Section 2109 (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1101, Sec. 10. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.)
  103. 212.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Court filings under this code must be verified.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 212. A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  104. 2120.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    This section states legislative findings and policy goals about property division, support awards, disclosure, finality of judgments, and misconduct in marriage dissolution cases.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2120. The Legislature finds and declares the following: (a) The State of California has a strong policy of ensuring the division of community and quasi-community property in the dissolution of a marriage as set forth in Division 7 (commencing with Section 2500), and of providing for fair and sufficient child and spousal support awards. These policy goals can only be implemented with full disclosure of community, quasi-community, and separate assets, liabilities, income, and expenses, as provided in Chapter 9 (commencing with Section 2100), and decisions freely and knowingly made. (b) It occasionally happens that the division of property or the award of support, whether made as a result of agreement or trial, is inequitable when made due to the nondisclosure or other misconduct of one of the parties. (c) The public policy of assuring finality of judgments must be balanced against the public interest in ensuring proper division of marital property, in ensuring sufficient support awards, and in deterring misconduct. (d) The law governing the circumstances under which a judgment can be set aside, after the time for relief under Section 473 of the Code of Civil Procedure has passed, has been the subject of considerable confusion which has led to increased litigation and unpredictable and inconsistent decisions at the trial and appellate levels. (Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.)
  105. 2121.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    A court may, in certain family-law cases, relieve a spouse from a support or property-division judgment after a six-month time limit has run, if the chapter’s grounds and timing requirements are met.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2121. (a) In proceedings for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court may, on any terms that may be just, relieve a spouse from a judgment, or any part or parts thereof, adjudicating support or division of property, after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the grounds, and within the time limits, provided in this chapter. (b) In all proceedings under this chapter, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original outcome and that the moving party would materially benefit from the granting of the relief. (Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.)
  106. 2122.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    This section sets the grounds for a motion to set aside a judgment and gives different filing deadlines depending on the ground.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2122. The grounds and time limits for a motion to set aside a judgment, or any part or parts thereof, are governed by this section and shall be one of the following: (a) Actual fraud where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the fraud. (b) Perjury. An action or motion based on perjury in the preliminary or final declaration of disclosure, the waiver of the final declaration of disclosure, or in the current income and expense statement shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the perjury. (c) Duress. An action or motion based upon duress shall be brought within two years after the date of entry of judgment. (d) Mental incapacity. An action or motion based on mental incapacity shall be brought within two years after the date of entry of judgment. (e) As to stipulated or uncontested judgments or that part of a judgment stipulated to by the parties, mistake, either mutual or unilateral, whether mistake of law or mistake of fact. An action or motion based on mistake shall be brought within one year after the date of entry of judgment. (f) Failure to comply with the disclosure requirements of Chapter 9 (commencing with Section 2100). An action or motion based on failure to comply with the disclosure requirements shall be brought within one year after the date on which the complaining party either discovered, or should have discovered, the failure to comply. (Amended by Stats. 2001, Ch. 703, Sec. 7. Effective January 1, 2002.)
  107. 2123.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    A judgment cannot be set aside just because it seemed inequitable when made or later became inequitable because circumstances changed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2123. Notwithstanding any other provision of this chapter, or any other law, a judgment may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the division of assets or liabilities to become inequitable, or the support to become inadequate. (Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.)
  108. 2124.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

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    Attorney negligence cannot be used to bar an order setting aside a judgment, unless the court finds the client knew or should have known about the negligence and failed to protect themself.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2124. The negligence of an attorney shall not be imputed to a client to bar an order setting aside a judgment, unless the court finds that the client knew, or should have known, of the attorney’s negligence and unreasonably failed to self-protect. (Amended by Stats. 2019, Ch. 115, Sec. 21. (AB 1817) Effective January 1, 2020.)
  109. 2125.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    When a court considers setting aside a judgment, it should limit relief to the provisions actually affected, but it may set aside the whole judgment if equitable considerations require it.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2125. When ruling on an action or motion to set aside a judgment, the court shall set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief. However, the court has discretion to set aside the entire judgment, if necessary, for equitable considerations. (Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1101, Sec. 16. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.)
  110. 2126.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    When a judgment is set aside, the court must generally divide the affected asset or liability equally, but may order an unequal division if good cause and the interests of justice support it.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2126. As to assets or liabilities for which a judgment or part of a judgment is set aside, the date of valuation shall be subject to equitable considerations. The court shall equally divide the asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division. (Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.)
  111. 2127.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    If a timely request is made in an action or motion under this chapter, the court must issue a statement of decision when it has resolved contested factual evidence.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2127. As to actions or motions filed under this chapter, if a timely request is made, the court shall render a statement of decision where the court has resolved controverted factual evidence. (Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 1101, Sec. 17. Effective October 11, 1993. Operative January 1, 1994, by Sec. 18 of Ch. 1101.)
  112. 2128.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    This section says the chapter does not stop a party from seeking relief under Section 2556 and does not disturb certain existing rights and remedies.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2128. (a) Nothing in this chapter prohibits a party from seeking relief under Section 2556. (b) Nothing in this chapter changes existing law with respect to contract remedies where the contract has not been merged or incorporated into a judgment. (c) Nothing in this chapter is intended to restrict a family law court from acting as a court of equity. (d) Nothing in this chapter is intended to limit existing law with respect to the modification or enforcement of support orders. (e) Nothing in this chapter affects the rights of a bona fide lessee, purchaser, or encumbrancer for value of real property. (Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.)
  113. 2129.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. )

    Verify source ↗

    This chapter applies to judgments entered on or after January 1, 1993.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. GENERAL PROVISIONS [2000 - 2129] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 10. Relief From Judgment [2120 - 2129] ( Chapter 10 added by Stats. 1993, Ch. 219, Sec. 108. ) ## 2129. This chapter applies to judgments entered on or after January 1, 1993. (Added by Stats. 1993, Ch. 219, Sec. 108. Effective January 1, 1994.)
  114. 213.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A responding party may seek alternative affirmative relief in certain hearings by filing a responsive declaration on time.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 213. (a) In a hearing on an order to show cause, or on a modification thereof, or in a hearing on a motion, other than for contempt, the responding party may seek affirmative relief alternative to that requested by the moving party, on the same issues raised by the moving party, by filing a responsive declaration within the time set by statute or rules of court. (b) This section applies in any of the following proceedings: (1) A proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties. (2) A proceeding relating to a protective order described in Section 6218. (3) Any other proceeding in which there is at issue the visitation, custody, or support of a child. (Amended by Stats. 1993, Ch. 219, Sec. 83. Effective January 1, 1994.)
  115. 214.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may order a trial of a fact issue to be private and may exclude everyone except court officers, the parties, their witnesses, and counsel, unless another code provision or a court rule says otherwise.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 214. Except as otherwise provided in this code or by court rule, the court may, when it considers it necessary in the interests of justice and the persons involved, direct the trial of any issue of fact joined in a proceeding under this code to be private, and may exclude all persons except the officers of the court, the parties, their witnesses, and counsel. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  116. 215.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After certain family-court judgments or orders, a modification is not valid unless required notice is served on the party; service on the attorney alone is not enough.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 215. (a) Except as provided in subdivision (b) or (c), after entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in any other proceeding in which there was at issue the visitation, custody, or support of a child, no modification of the judgment or order, and no subsequent order in the proceedings, is valid unless any prior notice otherwise required to be given to a party to the proceeding is served, in the same manner as the notice is otherwise permitted by law to be served, upon the party. For the purposes of this section, service upon the attorney of record is not sufficient. (b) A postjudgment motion to modify a custody, visitation, or child support order may be served on the other party or parties by first-class mail or airmail, postage prepaid, to the persons to be served. For any party served by mail, the proof of service shall include an address verification. (c) This section does not apply if the court has ordered an issue or issues bifurcated for separate trial in advance of the disposition of the entire case. In those cases, service of a motion on any outstanding matter shall be served either upon the attorney of record, if the parties are represented, or upon the parties, if unrepresented. However, if there has been no pleading filed in the action for a period of six months after the entry of the bifurcated judgment, service shall be upon both the party, at the party’s last known address, and the attorney of record. (Amended by Stats. 2016, Ch. 67, Sec. 1. (AB 1735) Effective January 1, 2017.)
  117. 216.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The section generally forbids ex parte communications with court-appointed or court-connected evaluators or mediators, with limited exceptions, and requires the Judicial Council to adopt an implementing rule.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 216. (a) In the absence of a stipulation by the parties to the contrary, there shall be no ex parte communication between the attorneys for any party to an action and any court-appointed or court-connected evaluator or mediator, or between a court-appointed or court-connected evaluator or mediator and the court, in any proceedings under this code, except with regard to the scheduling of appointments. (b) There shall be no ex parte communications between counsel appointed by the court pursuant to Section 3150 and a court-appointed or court-connected evaluator or mediator, except when it is expressly authorized by the court or undertaken pursuant to paragraph (5) of subdivision (c) of Section 3151. (c) Subdivisions (a) and (b) shall not apply in the following situations: (1) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Sections 3113, 3181, and 3192. (2) To allow a mediator or evaluator to address a case involving allegations of domestic violence as set forth in Rule 5.215 of the California Rules of Court. (3) If the mediator or evaluator determines that ex parte communication is needed to inform the court of the mediator’s or evaluator’s belief that a restraining order is necessary to prevent an imminent risk to the physical safety of the child or the party. (d) This section shall not be construed to limit the responsibilities a mediator or evaluator may have as a mandated reporter pursuant to Section 11165.9 of the Penal Code or the responsibilities a mediator or evaluator have to warn under Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, Hedlund v. Superior Court (1983) 34 Cal.3d 695, and Section 43.92 of the Civil Code. (e) The Judicial Council shall, by July 1, 2006, adopt a rule of court to implement this section. (Amended by Stats. 2019, Ch. 115, Sec. 2. (AB 1817) Effective January 1, 2020.)
  118. 217.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires courts at certain hearings to hear relevant live testimony unless the parties stipulate otherwise or there is good cause to refuse it.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 217. (a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b), the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties. (b) In appropriate cases, a court may make a finding of good cause to refuse to receive live testimony and shall state its reasons for the finding on the record or in writing. The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court regarding the factors a court shall consider in making a finding of good cause. (c) A party seeking to present live testimony from witnesses other than the parties shall, prior to the hearing, file and serve a witness list with a brief description of the anticipated testimony. If the witness list is not served prior to the hearing, the court may, on request, grant a brief continuance and may make appropriate temporary orders pending the continued hearing. (Added by Stats. 2010, Ch. 352, Sec. 3. (AB 939) Effective January 1, 2011.)
  119. 218.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After judgment, filing and serving a request for order or other motion automatically reopens discovery for the issues raised in the postjudgment pleadings currently before the court.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROCEDURAL PROVISIONS [210 - 218] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 218. With respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the postjudgment pleadings currently before the court. The date initially set for trial of the action specified in subdivision (a) of Section 2024.020 of the Code of Civil Procedure shall mean the date the postjudgment proceeding is set for hearing on the motion or any continuance thereof, or evidentiary trial, whichever is later. (Added by Stats. 2014, Ch. 169, Sec. 1. (AB 2586) Effective January 1, 2015.)
  120. 2200.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Void Marriage [2200 - 2201] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗
    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Void Marriage [2200 - 2201] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2200. Marriages between parents and children, ancestors and descendants of every degree, and between siblings of the half as well as the whole blood, and between uncles or aunts and nieces or nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate. (Amended by Stats. 2014, Ch. 82, Sec. 23. (SB 1306) Effective January 1, 2015.)
  121. 2201.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Void Marriage [2200 - 2201] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A person cannot enter a new marriage while a former spouse is still alive unless a listed exception applies.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Void Marriage [2200 - 2201] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2201. (a) A subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless: (1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage. (2) The former spouse (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted. (b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210. (Amended by Stats. 2014, Ch. 82, Sec. 24. (SB 1306) Effective January 1, 2015.)
  122. 2210.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Voidable Marriage [2210 - 2212] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A marriage may be declared voidable and nullified if one of several listed conditions existed when the marriage happened.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Voidable Marriage [2210 - 2212] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2210. A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage: (a) The party who commences the proceeding or on whose behalf the proceeding is commenced was under 18 years of age, unless the party entered into the marriage pursuant to Section 302 or 303. (b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted. (c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as his or her spouse. (d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse. (e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as his or her spouse. (f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. (Amended by Stats. 2018, Ch. 660, Sec. 8. (SB 273) Effective January 1, 2019.)
  123. 2212.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Voidable Marriage [2210 - 2212] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A judgment of nullity of marriage restores the parties to unmarried status and is conclusive only for the parties to the case and those claiming under them.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Voidable Marriage [2210 - 2212] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2212. (a) The effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons. (b) A judgment of nullity of marriage is conclusive only as to the parties to the proceeding and those claiming under them. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  124. 2250.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A proceeding for a void or voidable marriage starts by filing a petition with a required title and statement, and the petition plus a Judicial Council-approved summons must be served on the other spouse.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2250. (a) A proceeding based on void or voidable marriage is commenced by filing a petition entitled “In re the marriage of ____ and ____” which shall state that it is a petition for a judgment of nullity of the marriage. (b) A copy of the petition together with a copy of a summons in form and content approved by the Judicial Council shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  125. 2251.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a marriage is found void or voidable and either spouse acted in good faith, the court must declare that spouse a putative spouse and may divide certain property under specified conditions.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2251. (a) If a determination is made that a marriage is void or voidable and the court finds that either party or both parties believed in good faith that the marriage was valid, the court shall: (1) Declare the party or parties, who believed in good faith that the marriage was valid, to have the status of a putative spouse. (2) If the division of property is in issue, divide, in accordance with Division 7 (commencing with Section 2500), that property acquired during the union that would have been community property or quasi-community property if the union had not been void or voidable, only upon request of a party who is declared a putative spouse under paragraph (1). This property is known as “quasi-marital property.” (b) If the court expressly reserves jurisdiction, it may make the property division at a time after the judgment. (Amended by Stats. 2015, Ch. 196, Sec. 1. (AB 380) Effective January 1, 2016.)
  126. 2252.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Property divided under Section 2251 can be used to pay the parties’ debts to the same extent as community or quasi-community property.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2252. The property divided pursuant to Section 2251 is liable for debts of the parties to the same extent as if the property had been community property or quasi-community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  127. 2253.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In proceedings under this part, children’s custody must be determined under Division 8.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2253. In a proceeding under this part, custody of the children shall be determined according to Division 8 (commencing with Section 3000). (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  128. 2254.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may order one party to pay support to the other in a marriage nullity case if the beneficiary is a putative spouse.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2254. The court may, during the pendency of a proceeding for nullity of marriage or upon judgment of nullity of marriage, order a party to pay for the support of the other party in the same manner as if the marriage had not been void or voidable if the party for whose benefit the order is made is found to be a putative spouse. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  129. 2255.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may award attorney’s fees and costs in certain marriage-nullity proceedings if the applicant meets the listed innocence and knowledge conditions.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE [2200 - 2255] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Procedural Provisions [2250 - 2255] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2255. The court may grant attorney’s fees and costs in accordance with Chapter 3.5 (commencing with Section 2030) of Part 1 in proceedings to have the marriage adjudged void and in those proceedings based upon voidable marriage in which the party applying for attorney’s fees and costs is found to be innocent of fraud or wrongdoing in inducing or entering into the marriage, and free from knowledge of the then existence of any prior marriage or other impediment to the contracting of the marriage for which a judgment of nullity is sought. (Amended by Stats. 1993, Ch. 219, Sec. 108.5. Effective January 1, 1994.)
  130. 2300.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Effect of Dissolution [2300- 2300.] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When a dissolution of marriage judgment becomes final, the parties are restored to the status of unmarried persons.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Effect of Dissolution [2300- 2300.] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2300. The effect of a judgment of dissolution of marriage when it becomes final is to restore the parties to the state of unmarried persons. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  131. 231.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This part applies to a temporary restraining order in a summons issued under specified family-law proceedings.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 231. This part applies to a temporary restraining order in a summons issued under any of the following provisions: (a) Section 2040 (proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties). (b) Section 7700 (proceeding under Uniform Parentage Act). (Amended by Stats. 1993, Ch. 219, Sec. 84.5. Effective January 1, 1994.)
  132. 2310.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Dissolution of a marriage or legal separation may be based on irreconcilable differences or permanent legal incapacity to make decisions, and the grounds must be pleaded generally.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2310. Dissolution of the marriage or legal separation of the parties may be based on either of the following grounds, which shall be pleaded generally: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage. (b) Permanent legal incapacity to make decisions. (Amended by Stats. 2014, Ch. 144, Sec. 9. (AB 1847) Effective January 1, 2015.)
  133. 2311.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court treats irreconcilable differences as grounds for dissolving a marriage when they are substantial reasons for not continuing the marriage.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2311. Irreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  134. 2312.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A marriage may be dissolved for permanent legal incapacity to make decisions only if proof shows the spouse lacked that capacity when the petition was filed and still lacks it.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2312. A marriage may be dissolved on the grounds of permanent legal incapacity to make decisions only upon proof, including competent medical or psychiatric testimony, that the spouse was at the time the petition was filed, and remains, permanently lacking the legal capacity to make decisions. (Amended by Stats. 2014, Ch. 144, Sec. 10. (AB 1847) Effective January 1, 2015.)
  135. 2313.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a divorce is granted because a spouse has permanent legal incapacity to make decisions, that does not end the spouse’s legal support obligations, and the court may order support or require a bond.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Grounds for Dissolution or Legal Separation [2310 - 2313] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2313. No dissolution of marriage granted on the ground of permanent legal incapacity to make decisions relieves a spouse from any obligation imposed by law as a result of the marriage for the support of the spouse who lacks legal capacity to make decisions, and the court may make an order for support, or require a bond therefor, as the circumstances require. (Amended by Stats. 2014, Ch. 144, Sec. 11. (AB 1847) Effective January 1, 2015.)
  136. 232.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The summons must say on its face that the restraining order is enforceable statewide by certain law enforcement officers and agencies.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 232. The summons shall state on its face that the order is enforceable in any place in this state by any law enforcement agency that has received mailed notice of the order or has otherwise received a copy of the order and any officer who has been shown a copy of the order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  137. 2320.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Residence Requirements [2320 - 2322] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A dissolution judgment generally cannot be entered unless one spouse has lived in California for 6 months and in the filing county for 3 months, but there is an exception for certain same-sex marriages.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Residence Requirements [2320 - 2322] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2320. (a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. (b) (1) A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply: (A) The marriage was entered in California. (B) Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage. (2) For the purposes of this subdivision, the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law. (Amended by Stats. 2011, Ch. 721, Sec. 4. (SB 651) Effective January 1, 2012.)
  138. 2321.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Residence Requirements [2320 - 2322] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In some legal-separation cases, a party may amend the petition or response to seek dissolution once the residence requirements are met.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Residence Requirements [2320 - 2322] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2321. (a) In a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the residence requirements of Section 2320, either party may, upon complying with the residence requirements, amend the party’s petition or responsive pleading in the proceeding to request that a judgment of dissolution of the marriage be entered. The date of the filing of the amended petition or pleading shall be deemed to be the date of commencement of the proceeding for the dissolution of the marriage for the purposes only of the residence requirements of Section 2320. (b) If the other party has appeared in the proceeding, notice of the amendment shall be given to the other party in the manner provided by rules adopted by the Judicial Council. If no appearance has been made by the other party in the proceeding, notice of the amendment may be given to the other party by mail to the last known address of the other party, or by personal service, if the intent of the party to so amend upon satisfaction of the residence requirements of Section 2320 is set forth in the initial petition or pleading in the manner provided by rules adopted by the Judicial Council. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  139. 2322.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Residence Requirements [2320 - 2322] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In a dissolution proceeding, each spouse may have a separate domicile or residence if the fact is proved, rather than relying on legal presumptions.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Residence Requirements [2320 - 2322] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2322. For the purpose of a proceeding for dissolution of marriage, each spouse may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions. (Amended by Stats. 2014, Ch. 82, Sec. 27. (SB 1306) Effective January 1, 2015.)
  140. 233.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section makes a temporary restraining order effective after filing, issuance, and service or waiver of service, and it lasts until final judgment, dismissal, or further court order.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 233. (a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court. (b) The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of the order or the officer enforcing the order has been shown a copy of the order. (c) A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code. A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  141. 2330.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A dissolution or legal-separation case starts with filing a petition or joint petition, and the filing must include specified facts and, for joint petitions, a complete list of issues to be resolved by agreement.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a petition or joint petition entitled “In re the marriage of ____ and ____,” which shall state whether it is a petition for dissolution of the marriage or for legal separation of the parties. (b) In a proceeding for dissolution of marriage or for legal separation of the parties, the petition shall set forth, among other matters, as nearly as can be ascertained, the following facts: (1) The date of marriage. (2) The date of separation. (3) The number of years from marriage to separation. (4) The number of children of the marriage, if any, and if none a statement of that fact. (5) The age and birth date of each minor child of the marriage. (c) In a joint petition proceeding for dissolution of marriage or for legal separation of the parties, the joint petition shall set forth, among other matters, as nearly as can be ascertained, the following facts: (1) The date of the marriage. (2) (A) If there are children of the marriage, all of the following information: (i) The number of children. (ii) The age of each child. (iii) The date of birth of each child. (B) If there are no children of the marriage, a statement of that fact. (3) (A) A list of issues upon which the parties intend to resolve by agreement, which may include, but is not limited to, the following: (i) The legal grounds for dissolution or legal separation. (ii) The date of separation. (iii) Child custody. (iv) Child support. (v) Spousal support or domestic partner support. (vi) Separate property. (vii) Community and quasi-community property. (viii) Restoration of former name. (ix) Attorney’s fees and costs. (B) The list of issues required by subparagraph (A) shall represent all of the matters at issue in the dissolution. If the parties have an issue that they do not intend to resolve by agreement, they shall file a petition pursuant to subdivision (b). (Amended by Stats. 2024, Ch. 190, Sec. 1. (SB 1427) Effective January 1, 2025.)
  142. 2330.1.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In dissolution, legal separation, or child-support proceedings, pleadings may address paternity and support issues, and a supplemental complaint may be filed without leave of court before or after final judgment.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2330.1. In any proceeding for dissolution of marriage, for legal separation of the parties, or for the support of children, the petition or complaint may list children born before the marriage to the same parties and, pursuant to the terms of the Uniform Parentage Act, a determination of paternity may be made in the action. In addition, a supplemental complaint may be filed, in any of those proceedings, pursuant to Section 464 of the Code of Civil Procedure, seeking a judgment or order of paternity or support for a child of the mother and father of the child whose paternity and support are already in issue before the court. A supplemental complaint for paternity or support of children may be filed without leave of court either before or after final judgment in the underlying action. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. (Amended by Stats. 1998, Ch. 581, Sec. 12. Effective January 1, 1999.)
  143. 2330.3.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Dissolution actions should be assigned to the same superior court department for all purposes whenever possible, and the Judicial Council must adopt a minimum assignment-length standard for family law judicial officers.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2330.3. (a) All dissolution actions, to the greatest extent possible, shall be assigned to the same superior court department for all purposes, in order that all decisions in a case through final judgment shall be made by the same judicial officer. However, if the assignment will result in a significant delay of any family law matter, the dissolution action need not be assigned to the same superior court department for all purposes, unless the parties stipulate otherwise. (b) The Judicial Council shall adopt a standard of judicial administration prescribing a minimum length of assignment of a judicial officer to a family law assignment. (c) This section shall be operative on July 1, 1997. (Amended by Stats. 2010, Ch. 352, Sec. 7. (AB 939) Effective January 1, 2011.)
  144. 2330.5.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a dissolution petition makes no demand for money, property, costs, or attorney’s fees and the judgment is entered by default, the income and expense declarations and property declarations do not have to be filed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2330.5. Notwithstanding any other provision of law, if no demand for money, property, costs, or attorney’s fees is contained in the petition and the judgment of dissolution of marriage is entered by default, the filing of income and expense declarations and property declarations in connection therewith shall not be required. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  145. 2331.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A petition and summons must be served on the other spouse in the usual civil-service manner, unless the parties file a qualifying joint petition and joint summons, in which case service and appearance are deemed complete on filing.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2331. (a) A copy of the petition, together with a copy of a summons, in a form and content approved by the Judicial Council, shall be served upon the other party to the marriage in the same manner as service of papers in civil actions generally. (b) If the parties file a joint petition and joint summons, in a form and content approved by the Judicial Council, the joint petition shall be deemed to be served on both parties upon the filing of the joint petition with the court and both parties shall be determined to have appeared in the matter. (Amended by Stats. 2024, Ch. 190, Sec. 2. (SB 1427) Effective January 1, 2025.)
  146. 2332.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a dissolution petition is based on permanent legal incapacity, the petition and summons must be served on the spouse and the spouse’s guardian or conservator, or the court must appoint a guardian ad litem in certain cases.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2332. (a) If the petition for dissolution of the marriage is based on the ground of permanent legal incapacity to make decisions and the spouse who lacks legal capacity to make decisions has a guardian or conservator, other than the spouse filing the petition, the petition and summons shall be served upon the spouse and the guardian or conservator. The guardian or conservator shall defend and protect the interests of the spouse who lacks legal capacity to make decisions. (b) If the spouse who lacks legal capacity to make decisions has no guardian or conservator, or if the spouse filing the petition is the guardian or conservator, the court shall appoint a guardian ad litem, who may be the district attorney or the county counsel, if any, to defend and protect the interests of the spouse who lacks legal capacity to make decisions. If a district attorney or county counsel is appointed guardian ad litem pursuant to this subdivision, the successor in the office of district attorney or county counsel, as the case may be, succeeds as guardian ad litem, without further action by the court or parties. (c) “Guardian or conservator” as used in this section means: (1) With respect to the issue of the dissolution of the marriage relationship, the guardian or conservator of the person. (2) With respect to support and property division issues, the guardian or conservator of the estate. (Amended by Stats. 2014, Ch. 144, Sec. 12. (AB 1847) Effective January 1, 2015.)
  147. 2333.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If the court finds irreconcilable differences causing an irremediable breakdown of the marriage, it must order dissolution or legal separation, subject to Section 2334.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2333. Subject to Section 2334, if from the evidence at the hearing the court finds that there are irreconcilable differences which have caused the irremediable breakdown of the marriage, the court shall order the dissolution of the marriage or a legal separation of the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  148. 2334.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If reconciliation seems possible, the court must pause the dissolution or legal-separation case for up to 30 days.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2334. (a) If it appears that there is a reasonable possibility of reconciliation, the court shall continue the proceeding for the dissolution of the marriage or for a legal separation of the parties for a period not to exceed 30 days. (b) During the period of the continuance, the court may make orders for the support and maintenance of the parties, the custody of the minor children of the marriage, the support of children for whom support may be ordered, attorney’s fees, and for the preservation of the property of the parties. (c) At any time after the termination of the period of the continuance, either party may move for the dissolution of the marriage or a legal separation of the parties, and the court may enter a judgment of dissolution of the marriage or legal separation of the parties. (Amended by Stats. 1993, Ch. 219, Sec. 109. Effective January 1, 1994.)
  149. 2335.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In dissolution or legal separation proceedings, evidence of specific acts of misconduct is generally not allowed, unless another statute provides otherwise.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2335. Except as otherwise provided by statute, in a pleading or proceeding for dissolution of marriage or legal separation of the parties, including depositions and discovery proceedings, evidence of specific acts of misconduct is improper and inadmissible. (Amended by Stats. 1993, Ch. 219, Sec. 110. Effective January 1, 1994.)
  150. 2335.5.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In default dissolution or legal-separation cases, the petitioner must give the court clerk a stamped, postage-paid envelope for the defaulting spouse, and the clerk must mail the request to enter default and keep any returned mail in the court file.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2335.5. In a proceeding for dissolution of marriage or legal separation of the parties, where the judgment is to be entered by default, the petitioner shall provide the court clerk with a stamped envelope bearing sufficient postage addressed to the spouse who has defaulted, with the address of the court clerk as the return address, and the court clerk shall mail a copy of the request to enter default to that spouse in the envelope provided. A judgment of dissolution or legal separation, including relief requested in the petition, shall not be denied solely on the basis that the request to enter default was returned unopened to the court. The court clerk shall maintain any such document returned by the post office as part of the court file in the case. (Added by Stats. 1996, Ch. 810, Sec. 1. Effective January 1, 1997.)
  151. 2336.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section limits when a court may grant dissolution or legal separation and sets affidavit-based proof requirements, including income and property estimates in cases with minor children or a community estate.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2336. (a) No judgment of dissolution or of legal separation of the parties may be granted upon the default of one of the parties or upon a statement or finding of fact made by a referee; but the court shall, in addition to the statement or finding of the referee, require proof of the grounds alleged, and the proof, if not taken before the court, shall be by affidavit. In all cases where there are minor children of the parties, each affidavit or offer of proof shall include an estimate by the declarant or affiant of the monthly gross income of each party. If the declarant or affiant has no knowledge of the estimated monthly income of a party, the declarant or affiant shall state why he or she has no knowledge. In all cases where there is a community estate, each affidavit or offer of proof shall include an estimate of the value of the assets and the debts the declarant or affiant proposes to be distributed to each party, unless the declarant or affiant has filed, or concurrently files, a complete and accurate property declaration with the court. (b) If the proof is by affidavit, the personal appearance of the affiant is required only when it appears to the court that any of the following circumstances exist: (1) Reconciliation of the parties is reasonably possible. (2) A proposed child custody order is not in the best interest of the child. (3) A proposed child support order is less than a noncustodial parent is capable of paying. (4) A personal appearance of a party or interested person would be in the best interests of justice. (c) An affidavit submitted pursuant to this section shall contain a stipulation by the affiant that the affiant understands that proof will be by affidavit and that the affiant will not appear before the court unless so ordered by the court. (Amended by Stats. 1998, Ch. 581, Sec. 13. Effective January 1, 1999.)
  152. 2337.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In a divorce case, the court may split off the marriage-status issue for an early separate trial, and the parties may be required to keep disclosure, insurance, and property-protection arrangements in place.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2337. (a) In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues. (b) A preliminary declaration of disclosure with a completed schedule of assets and debts shall be served on the nonmoving party with the noticed motion unless it has been served previously, or unless the parties stipulate in writing to defer service of the preliminary declaration of disclosure until a later time. (c) The court may impose upon a party any of the following conditions on granting a severance of the issue of the dissolution of the status of the marriage, and in case of that party’s death, an order of any of the following conditions continues to be binding upon that party’s estate: (1) The party shall indemnify and hold the other party harmless from any taxes, reassessments, interest, and penalties payable by the other party in connection with the division of the community estate that would not have been payable if the parties were still married at the time the division was made. (2) Until judgment has been entered on all remaining issues and has become final, the party shall maintain all existing health and medical insurance coverage for the other party and any minor children as named dependents, so long as the party is eligible to do so. If at any time during this period the party is not eligible to maintain that coverage, the party shall, at the party’s sole expense, provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance coverage to the extent it is available. To the extent that coverage is not available, the party shall be responsible to pay, and shall demonstrate to the court’s satisfaction the ability to pay, for the health and medical care for the other party and the minor children, to the extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status, and shall otherwise indemnify and hold the other party harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. For purposes of this subdivision, “health and medical insurance coverage” includes any coverage for which the parties are eligible under any group or individual health or other medical plan, fund, policy, or program. (3) Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in a termination of the other party’s right to a probate homestead in the residence in which the other party resides at the time the severance is granted. (4) Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the loss of the rights of the other party to a probate family allowance as the surviving spouse of the party. (5) Until judgment has been entered on all remaining issues and has become final, the party shall indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the loss of the other party’s rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement, or to any elections or options associated therewith, to the extent that the other party would have been entitled to those benefits or elections as the spouse or surviving spouse of the party. (6) The party shall indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits or elections as the surviving spouse of the party. (7) (A) The court may make an order pursuant to paragraph (3) of subdivision (b) of Section 5040 of the Probate Code, if appropriate, that a party maintain a beneficiary designation for a nonprobate transfer, as described in Section 5000 of the Probate Code, for a spouse or domestic partner for up to one-half of or, upon a showing of good cause, for all of a nonprobate transfer asset until judgment has been entered with respect to the community ownership of that asset, and until the other party’s interest therein has been distributed to him or her. (B) Except upon a showing of good cause, this paragraph does not apply to any of the following: (i) A nonprobate transfer described in Section 5000 of the Probate Code that was not created by either party or that was acquired by either party by gift, descent, or devise. (ii) An irrevocable trust. (iii) A trust of which neither party is the grantor. (iv) Powers of appointment under a trust instrument that was not created by either party or of which neither party is a grantor. (v) The execution and filing of a disclaimer pursuant to Part 8 (commencing with Section 260) of Division 2 of the Probate Code. (vi) The appointment of a party as a trustee. (8) In order to preserve the ability of the party to defer the distribution of the Individual Retirement Account or annuity (IRA) established under Section 408 or 408A of the Internal Revenue Code of 1986, as amended, (IRC) upon the death of the other party, the court may require that one-half, or all upon a showing of good cause, of the community interest in any IRA, by or for the benefit of the party, be assigned and transferred to the other party pursuant to Section 408(d)(6) of the Internal Revenue Code. This paragraph does not limit the power granted pursuant to subdivision (g). (9) Upon a showing that circumstances exist that would place a substantial burden of enforcement upon either party’s community property rights or would eliminate the ability of the surviving party to enforce his or her community property rights if the other party died before the division and distribution or compliance with any court-ordered payment of any community property interest therein, including, but not limited to, a situation in which preemption under federal law applies to an asset of a party, or purchase by a bona fide purchaser has occurred, the court may order a specific security interest designed to reduce or eliminate the likelihood that a postmortem enforcement proceeding would be ineffective or unduly burdensome to the surviving party. For this purpose, those orders may include, but are not limited to, any of the following: (A) An order that the party provide an undertaking. (B) An order to provide a security interest by Qualified Domestic Relations Order from that party’s share of a retirement plan or plans. (C) An order for the creation of a trust as defined in paragraph (2) of subdivision (a) of Section 82 of the Probate Code. (D) An order for other arrangements as may be reasonably necessary and feasible to provide appropriate security in the event of the party’s death before judgment has been entered with respect to the community ownership of that asset, and until the other party’s interest therein has been distributed to him or her. (E) If a retirement plan is not subject to an enforceable court order for the payment of spousal survivor benefits to the other party, an interim order requiring the party to pay or cause to be paid, and to post adequate security for the payment of, any survivor benefit that would have been payable to the other party on the death of the party but for the judgment granting a dissolution of the status of the marriage, pending entry of judgment on all remaining issues. (10) Any other condition the court determines is just and equitable. (d) Prior to, or simultaneously with, entry of judgment granting dissolution of the status of the marriage, all of the following shall occur: (1) The party’s retirement or pension plan shall be joined as a party to the proceeding for dissolution, unless joinder is precluded or made unnecessary by Title 1 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.), as amended (ERISA), or any other applicable law. (2) To preserve the claims of each spouse in all retirement plan benefits upon entry of judgment granting a dissolution of the status of the marriage, the court shall enter one of the following in connection with the judgment for each retirement plan in which either party is a participant: (A) An order pursuant to Section 2610 disposing of each party’s interest in retirement plan benefits, including survivor and death benefits. (B) An interim order preserving the nonemployee party’s right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on all remaining issues. (C) An attachment to the judgment granting a dissolution of the status of the marriage, as follows: EACH PARTY (insert names and addresses) IS PROVISIONALLY AWARDED WITHOUT PREJUDICE AND SUBJECT TO ADJUSTMENT BY A SUBSEQUENT DOMESTIC RELATIONS ORDER, A SEPARATE INTEREST EQUAL TO ONE-HALF OF ALL BENEFITS ACCRUED OR TO BE ACCRUED UNDER THE PLAN (name each plan individually) AS A RESULT OF EMPLOYMENT OF THE OTHER PARTY DURING THE MARRIAGE OR DOMESTIC PARTNERSHIP AND PRIOR TO THE DATE OF SEPARATION. IN ADDITION, PENDING FURTHER NOTICE, THE PLAN SHALL, AS ALLOWED BY LAW, OR IN THE CASE OF A GOVERNMENTAL PLAN, AS ALLOWED BY THE TERMS OF THE PLAN, CONTINUE TO TREAT THE PARTIES AS MARRIED OR DOMESTIC PARTNERS FOR PURPOSES OF ANY SURVIVOR RIGHTS OR BENEFITS AVAILABLE UNDER THE PLAN TO THE EXTENT NECESSARY TO PROVIDE FOR PAYMENT OF AN AMOUNT EQUAL TO THAT SEPARATE INTEREST OR FOR ALL OF THE SURVIVOR BENEFIT IF AT THE TIME OF THE DEATH OF THE PARTICIPANT, THERE IS NO OTHER ELIGIBLE RECIPIENT OF THE SURVIVOR BENEFIT. (e) The moving party shall promptly serve a copy of any order, interim order, or attachment entered pursuant to paragraph (2) of subdivision (d), and a copy of the judgment granting a dissolution of the status of the marriage, on the retirement or pension plan administrator. (f) A judgment granting a dissolution of the status of the marriage shall expressly reserve jurisdiction for later determination of all other pending issues. (g) If the party dies after the entry of judgment granting a dissolution of marriage, any obligation imposed by this section shall be enforceable against any asset, including the proceeds thereof, against which these obligations would have been enforceable prior to the person’s death. (Amended by Stats. 2015, Ch. 293, Sec. 1. (AB 139) Effective January 1, 2016.)
  153. 2338.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In dissolution or legal separation proceedings, the court must file its decision, enter the appropriate judgment, and parties cannot dismiss the case after judgment entry before finality without the other party’s consent.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2338. (a) In a proceeding for dissolution of the marriage or legal separation of the parties, the court shall file its decision and any statement of decision as in other cases. (b) If the court determines that no dissolution should be granted, a judgment to that effect only shall be entered. (c) If the court determines that a dissolution should be granted, a judgment of dissolution of marriage shall be entered. After the entry of the judgment and before it becomes final, neither party has the right to dismiss the proceeding without the consent of the other. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  154. 2338.5.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a judgment is entered after one party defaults, the defaulting spouse’s signature on a marital settlement agreement or stipulated judgment must be notarized, the court clerk must send notice of entry of judgment, and the submitting party must provide a stamped return envelope.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2338.5. Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of the parties: (a) The signature of the spouse who has defaulted on any marital settlement agreement or on any stipulated judgment shall be notarized. (b) The court clerk shall give notice of entry of judgment of dissolution of marriage, nullity of marriage, or legal separation to the attorney for each party or to the party, if unrepresented. (c) For the purpose of mailing the notice of entry of judgment, the party submitting the judgment shall provide the court clerk with a stamped envelope bearing sufficient postage addressed to the attorney for the other party or to the party, if unrepresented, with the address of the court clerk as the return address. The court clerk shall maintain any such document returned by the post office as part of the court file in the case. (Added by Stats. 1996, Ch. 810, Sec. 3. Effective January 1, 1997.)
  155. 2339.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A divorce judgment is not final for ending the marriage until six months have passed, unless the court extends that period for good cause.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2339. (a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first. (b) The court may extend the six-month period described in subdivision (a) for good cause shown. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  156. 234.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An automatically granted ex parte temporary restraining order under this part is not treated as a court determination or as competent evidence of prior misconduct between the parties.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 234. The automatic granting of the ex parte temporary restraining order under this part is not a court determination or competent evidence in any proceeding of any prior history of the conduct so proscribed occurring between the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  157. 2340.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A dissolution judgment must state the date when it becomes final for ending the parties’ marriage relationship.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2340. A judgment of dissolution of marriage shall specify the date on which the judgment becomes finally effective for the purpose of terminating the marriage relationship of the parties. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  158. 2341.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If an appeal or new trial motion is filed, the marriage does not become final until that challenge is resolved, and the judgment generally keeps dissolving the marriage unless a specific objection to ending marriage status is made.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2341. (a) Notwithstanding Section 2340, if an appeal is taken from the judgment or a motion for a new trial is made, the dissolution of marriage does not become final until the motion or appeal has been finally disposed of, nor then, if the motion has been granted or judgment reversed. (b) Notwithstanding any other provision of law, the filing of an appeal or of a motion for a new trial does not stay the effect of a judgment insofar as it relates to the dissolution of the marriage status and restoring the parties to the status of unmarried persons, unless the appealing or moving party specifies in the notice of appeal or motion for new trial an objection to the termination of the marriage status. No party may make such an objection to the termination of the marriage status unless such an objection was also made at the time of trial. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  159. 2342.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a joint summary dissolution petition is revoked and a proceeding under Section 2330 is started within 90 days, the final-judgment date under Section 2339 is adjusted by subtracting the time elapsed between filing the petition and filing the revocation.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2342. Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding pursuant to Section 2330 within 90 days from the date of the filing of the revocation, the date the judgment becomes a final judgment under Section 2339 shall be calculated by deducting the period of time that has elapsed from the date of filing the joint petition to the date of filing the revocation. (Amended by Stats. 2024, Ch. 190, Sec. 3. (SB 1427) Effective January 1, 2025.)
  160. 2342.5.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section sets rules for joint dissolution or legal-separation filings, including how the parties are labeled, when amended pleadings may be filed, and what happens if one is filed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2342.5. (a) (1) If the parties file a joint petition for dissolution of marriage or for legal separation of the parties and joint summons in accordance with Sections 2330 and 2331, for identification purposes, including, but not limited to, identification on a Judicial Council form, the first joint petitioner shall be deemed petitioner and the other joint petitioner shall be deemed respondent. (2) A joint summons shall include the temporary restraining order required by Section 2040. (3) Section 412.20 of the Code of Civil Procedure does not apply to a joint summons. (b) (1) At any time before the entry of judgment on the joint petition, without leave of court, in a form and content approved by the Judicial Council, a petitioner may file an amended petition or the respondent may file an amended response. (2) (A) If either party is served with an amended petition or amended response, the party served shall file and serve an amended petition or amended response, as applicable, within 30 days, in accordance with Section 2020, in a form and content approved by the Judicial Council. (B) Subject to the court’s discretion to regulate the order of proof, pursuant to Section 320 of the Evidence Code, the order of proof shall be determined by the order of service of the amended pleadings. (3) If an amended petition or amended response is filed pursuant to paragraph (1), the joint petition for dissolution or for legal separation of the parties is deemed revoked and the proceeding shall proceed as a petition for dissolution or for legal separation of the parties under Section 2330. The filing date of the joint petition shall be considered the filing date for the action and all relevant deadlines, including, but not limited to, the deadlines set forth in Section 2339. (4) A temporary restraining order included in the summons shall remain in effect if a party files an amended petition or amended response. (c) The parties may file an amended joint petition. The filing of an amended joint petition does not affect the parties’ ability to proceed pursuant to a joint petition. (d) Either party may seek discovery, as set forth in the Code of Civil Procedure, under the joint petition process. (e) If either party files a request for order, including, but not limited to, a request for a motion to compel or other discovery motion, or request for trial setting with the court, that party shall file an amended petition or amended response, pursuant to subdivision (b), before making, or simultaneously with, the request. (f) A judgment based on the agreement of the parties shall be in the same form as if one party had filed a petition for dissolution of marriage or legal separation and the other party had filed a response to the petition for dissolution of marriage or legal separation or otherwise appeared prior to entry of judgment because both joint petitioners will have appeared in the matter pursuant to subdivision (b) of Section 2331 due to the filing of a joint petition. (g) The provisions of Division 6 (commencing with Section 2000) of this code that apply to a petition for dissolution of marriage or for the legal separation of the parties also apply to a joint petition for dissolution of marriage or for legal separation of the parties unless otherwise provided for by this section, in which case the provisions of this section shall supersede. (h) The filing of a joint petition shall be accompanied by the fees provided in subdivisions (b) and (d) of Section 70670 of the Government Code and the supplemental fees provided in Sections 70602.5 and 70602.6 of the Government Code unless both parties have been granted a fee waiver pursuant to Section 68632 of the Government Code. (i) This section shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 190, Sec. 4. (SB 1427) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  161. 2342.51.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The Judicial Council must adopt or amend any rules or forms needed to implement Section 2342.5 by January 1, 2026.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2342.51. The Judicial Council shall adopt or amend any rules or forms necessary to implement Section 2342.5 on or before January 1, 2026. (Added by Stats. 2024, Ch. 190, Sec. 5. (SB 1427) Effective January 1, 2025.)
  162. 2343.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may keep control over when a marriage ends, or set a future date for the termination of marital status, if notice is given and good cause is shown or the parties agree.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2343. The court may, upon notice and for good cause shown, or on stipulation of the parties, retain jurisdiction over the date of termination of the marital status, or may order that the marital status be terminated at a future specified date. On the date of termination of the marital status, the parties are restored to the status of unmarried persons. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  163. 2344.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a party dies after judgment is entered, that death does not stop the judgment from becoming final under the specified sections.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2344. (a) The death of either party after entry of the judgment does not prevent the judgment from becoming a final judgment under Sections 2339 to 2343, inclusive. (b) Subdivision (a) does not validate a marriage by either party before the judgment becomes final, nor does it constitute a defense in a criminal prosecution against either party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  164. 2345.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court generally may not enter a legal-separation judgment unless both parties consent.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2345. The court may not render a judgment of the legal separation of the parties without the consent of both parties unless one party has not made a general appearance and the petition is one for legal separation. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  165. 2346.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may enter a dissolution judgment nunc pro tunc in limited circumstances, and parties in contested cases must give notice when moving for that relief.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2346. (a) If the court determines that a judgment of dissolution of the marriage should be granted, but by mistake, negligence, or inadvertence, the judgment has not been signed, filed, and entered, the court may cause the judgment to be signed, dated, filed, and entered in the proceeding as of the date when the judgment could have been signed, dated, filed, and entered originally, if it appears to the satisfaction of the court that no appeal is to be taken in the proceeding or motion made for a new trial, to annul or set aside the judgment, or for relief under Chapter 8 (commencing with Section 469) of Title 6 of Part 2 of the Code of Civil Procedure. (b) The court may act under subdivision (a) on its own motion or upon the motion of either party to the proceeding. In contested cases, the motion of a party shall be with notice to the other party. (c) The court may cause the judgment to be entered nunc pro tunc as provided in this section, even though the judgment may have been previously entered, where through mistake, negligence, or inadvertence the judgment was not entered as soon as it could have been entered under the law if applied for. (d) The court shall not cause a judgment to be entered nunc pro tunc as provided in this section as of a date before trial in the matter, before the date of an uncontested judgment hearing in the matter, or before the date of submission to the court of an application for judgment on affidavit pursuant to Section 2336. Upon the entry of the judgment, the parties have the same rights with regard to the dissolution of marriage becoming final on the date that it would have become final had the judgment been entered upon the date when it could have been originally entered. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  166. 2347.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A legal separation judgment does not prevent a later dissolution judgment if either party files a dissolution petition.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2347. A judgment of legal separation of the parties does not bar a subsequent judgment of dissolution of the marriage granted pursuant to a petition for dissolution filed by either party. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  167. 2348.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    County superior court clerks must report certain judgment counts annually to the Judicial Council, and the Judicial Council must set reporting details and include the totals in its annual report to the Legislature.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. General Procedural Provisions [2330 - 2348] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2348. (a) In addition to the requirements of Section 103200 of the Health and Safety Code, the clerk of the superior court of each county shall report annually to the Judicial Council the number of judgments entered in the county during the preceding calendar year or other 12-month period as required by the Judicial Council for each of the following: (1) Dissolution of marriage. (2) Legal separation of the parties. (3) Nullity of marriage. (b) After the Judicial Branch Statistical Information System (JBSIS) is operational statewide, the clerk of the superior court of each county shall also report annually to the Judicial Council the number of each of those judgments specified in paragraphs (1), (2), and (3) of subdivision (a), entered in the county during the preceding calendar year or other 12-month period as required by the Judicial Council, that include orders relating to child custody, visitation, or support. (c) The Judicial Council shall include in its annual report to the Legislature on court statistics the number of each of the types of judgments entered in the state reported pursuant to subdivisions (a) and (b). (d) The Judicial Council shall establish the applicable 12-month reporting period, the due date, and forms to be used, for submission of data pursuant to subdivisions (a) and (b). Until the Judicial Branch Statistical Information System (JBSIS) is operational statewide, the clerk of the superior court may report the data described in subdivision (a) using existing data collection systems, according to current Judicial Council statistical reporting regulations. (Added by Stats. 1998, Ch. 225, Sec. 1. Effective January 1, 1999.)
  168. 235.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Either party may apply to the court to modify or revoke the temporary restraining order, or to seek further temporary orders or an expanded temporary ex parte order.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. TEMPORARY RESTRAINING ORDER IN SUMMONS [231 - 235] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 235. Nothing in this part precludes either party from applying to the court for modification or revocation of the temporary restraining order provided for in this part or for further temporary orders or an expanded temporary ex parte order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  169. 240.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    This part applies when a temporary restraining order, including a protective order defined in Section 6218, is issued under certain listed family-law and related provisions.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 240. This part applies where a temporary restraining order, including a protective order as defined in Section 6218, is issued under any of the following provisions: (a) Article 2 (commencing with Section 2045) of Chapter 4 of Part 1 of Division 6 (dissolution of marriage, nullity of marriage, or legal separation of the parties). (b) Article 3 (commencing with Section 4620) of Chapter 3 of Part 5 of Division 9 (deposit of assets to secure future child support payments). (c) Article 1 (commencing with Section 6320) of Chapter 2 of Part 4 of Division 10 (Domestic Violence Prevention Act), other than an order under Section 6322.5. (d) Article 2 (commencing with Section 7710) of Chapter 6 of Part 3 of Division 12 (Uniform Parentage Act). (Amended by Stats. 1998, Ch. 511, Sec. 1. Effective January 1, 1999.)
  170. 2400.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A marriage may be dissolved through summary dissolution only if the listed conditions are met.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2400. (a) A marriage may be dissolved by the summary dissolution procedure provided in this chapter if all of the following conditions exist at the time the proceeding is commenced: (1) Either party has met the jurisdictional requirements of Chapter 3 (commencing with Section 2320) with regard to dissolution of marriage. (2) Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved. (3) There are no children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage, and neither party, to that party’s knowledge, is pregnant. (4) The marriage is not more than five years in duration as of the date of separation of the parties. (5) Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements: (A) The lease does not include an option to purchase. (B) The lease terminates within one year from the date of the filing of the petition. (6) There are no unpaid obligations in excess of four thousand dollars ($4,000) incurred by either or both of the parties after the date of their marriage, excluding the amount of any unpaid obligation with respect to an automobile. (7) The total fair market value of community property assets, excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than twenty-five thousand dollars ($25,000), and neither party has separate property assets, excluding all encumbrances and automobiles, in excess of twenty-five thousand dollars ($25,000). (8) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities of the community, and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement. (9) The parties waive any rights to spousal support. (10) The parties, upon entry of the judgment of dissolution of marriage pursuant to Section 2403, irrevocably waive their respective rights to appeal and their rights to move for a new trial. (11) The parties have read and understand the summary dissolution brochure provided for in Section 2406. (12) The parties desire that the court dissolve the marriage. (b) On January 1, 1985, and on January 1 of each odd-numbered year thereafter, the amounts in paragraph (6) of subdivision (a) shall be adjusted to reflect any change in the value of the dollar. On January 1, 1993, and on January 1 of each odd-numbered year thereafter, the amounts in paragraph (7) of subdivision (a) shall be adjusted to reflect any change in the value of the dollar. The adjustments shall be made by multiplying the base amounts by the percentage change in the California Consumer Price Index as compiled by the Department of Industrial Relations, with the result rounded to the nearest thousand dollars. The Judicial Council shall compute and publish the amounts. (Amended by Stats. 2014, Ch. 82, Sec. 28. (SB 1306) Effective January 1, 2015.)
  171. 2401.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    For a summary dissolution, the spouses must file a joint petition in the Judicial Council’s form, sign it under oath, and include the listed statements and addresses.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council. (b) The petition shall be signed under oath by both spouses and shall include all of the following: (1) A statement that as of the date of the filing of the joint petition all of the conditions set forth in Section 2400 have been met. (2) The mailing address of each spouse. (3) A statement whether a spouse elects to have their former name restored and, if so, the name to be restored. (Amended by Stats. 2024, Ch. 190, Sec. 6. (SB 1427) Effective January 1, 2025.)
  172. 2402.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Either spouse may revoke a joint petition for summary dissolution before the Section 2403 judgment application is filed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2402. (a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter. (b) The revocation shall be effected by filing with the clerk of the court where the proceeding was commenced a notice of revocation in a form and content as shall be prescribed by the Judicial Council. (c) The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at the other party’s last known address. (Amended by Stats. 2024, Ch. 190, Sec. 7. (SB 1427) Effective January 1, 2025.)
  173. 2403.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    After six months from filing a joint petition for summary dissolution, the court must enter the divorce judgment unless a revocation has been filed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2403. When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage. The judgment restores to the parties the status of single persons, and either party may marry after the entry of the judgment. The clerk shall send a notice of entry of judgment to each of the parties at the party’s last known address. (Amended by Stats. 2010, Ch. 352, Sec. 9. (AB 939) Effective January 1, 2011.)
  174. 2404.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Entry of the judgment under Section 2403 makes the marriage-status and property-rights issues finally decided, and waives certain rights.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2404. Entry of the judgment pursuant to Section 2403 constitutes: (a) A final adjudication of the rights and obligations of the parties with respect to the status of the marriage and property rights. (b) A waiver of their respective rights to spousal support, rights to appeal, and rights to move for a new trial. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  175. 2405.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A summary-dissolution judgment does not block either spouse from challenging it for fraud, duress, accident, mistake, or similar legal/equitable grounds, and the court must set the judgment aside (except for marital status) if the parties did not meet Section 2400’s requirements when the petition was filed.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2405. (a) Entry of the judgment pursuant to Section 2403 does not prejudice nor bar the rights of either of the parties to institute an action to set aside the judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to Section 473 of the Code of Civil Procedure. (b) The court shall set aside a judgment entered pursuant to Section 2403 regarding all matters except the status of the marriage, upon proof that the parties did not meet the requirements of Section 2400 at the time the petition was filed. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  176. 2406.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Superior courts must provide a Judicial Council brochure about summary dissolution, and the brochure must be printed and distributed in English and Spanish.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Summary Dissolution [2400 - 2406] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2406. (a) Each superior court shall make available a brochure, the contents and form of which shall be prescribed by the Judicial Council, describing the requirements, nature, and effect of proceedings under this chapter. The brochure shall be printed and distributed by the Judicial Council in both English and Spanish. (b) The brochure shall state, in nontechnical language, all the following: (1) It is in the best interests of the parties to consult an attorney regarding the dissolution of their marriage. The services of an attorney may be obtained through lawyer referral services, group or prepaid legal services, or legal aid organizations. (2) The parties should not rely exclusively on this brochure which is not intended as a guide for self-representation in proceedings under this chapter. (3) A concise summary of the provisions and procedures of this chapter and Sections 2320 and 2322 and Sections 2339 to 2344, inclusive. (4) The nature of services of the conciliation court, where available. (5) Neither party to the marriage can in the future obtain spousal support from the other. (6) A statement in boldface type to the effect that upon entry of the judgment, the rights and obligations of the parties to the marriage with respect to the marriage, including property and spousal support rights, will be permanently adjudicated without right of appeal, except that neither party will be barred from instituting an action to set aside the judgment for fraud, duress, accident, mistake, or other grounds at law or in equity, or to make a motion pursuant to Section 473 of the Code of Civil Procedure. (7) The parties to the marriage retain the status of married persons and cannot remarry until the judgment dissolving the marriage is entered. (8) Other matters as the Judicial Council considers appropriate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  177. 241.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    An ex parte temporary restraining order described in Section 240 generally may not be granted without notice to the respondent, unless the petition or supporting declaration shows that great or irreparable injury would occur before a noticed hearing.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 241. Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the declaration in support of the petition for the order, or in the petition for the order, that great or irreparable injury would result to the petitioner before the matter can be heard on notice. (Amended by Stats. 2010, Ch. 572, Sec. 6. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
  178. 242.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    The court must hold a hearing on the petition within 21 days, or up to 25 days if good cause appears to the court.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 242. (a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for a temporary restraining order is made, the hearing shall be held within 21 days, or, if good cause appears to the court, 25 days from the date that the petition is filed. (b) If a hearing is not held within the time provided in subdivision (a), the court may nonetheless hear the matter, but the temporary restraining order shall no longer be enforceable unless it is extended under Section 245. (Amended by Stats. 2015, Ch. 411, Sec. 4. (AB 1081) Effective January 1, 2016.)
  179. 243.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    If a petition under this part is filed, the respondent must be personally served with the petition, any temporary restraining order, and the notice of hearing at least five days before the hearing.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 243. (a) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary restraining order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing. (b) On motion of the petitioner or on its own motion, the court may shorten the time for service on the respondent. (c) If service on the respondent is made, the respondent may file a response that explains or denies the allegations in the petition. (Amended by Stats. 2015, Ch. 411, Sec. 5. (AB 1081) Effective January 1, 2016.)
  180. 244.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    The hearing on a petition for an ex parte temporary restraining order must be given priority on the court calendar and set for the earliest possible trial date, subject to limited exceptions.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 244. (a) On the day of the hearing, the hearing on the petition shall take precedence over all other matters on the calendar that day, except older matters of the same character, and matters to which special precedence may be given by law. (b) The hearing on the petition shall be set for trial at the earliest possible date and shall take precedence over all other matters, except older matters of the same character, and matters to which special precedence may be given by law. (Amended by Stats. 2010, Ch. 572, Sec. 9. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
  181. 245.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    The respondent is entitled to one reasonable continuance, and the court can grant or extend continuances under specified conditions.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 245. (a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition. (b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion. (c) If the court grants a continuance, any temporary restraining order that has been issued shall remain in effect until the end of the continued hearing, unless otherwise ordered by the court. In granting a continuance, the court may modify or terminate a temporary restraining order. (d) If the court grants a continuance, the extended temporary restraining order shall state on its face the new date of expiration of the order. (e) A fee shall not be charged for the extension of the temporary restraining order. (Amended by Stats. 2015, Ch. 411, Sec. 6. (AB 1081) Effective January 1, 2016.)
  182. 2450.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Case Management [2450 - 2452] ( Chapter 6 added by Stats. 1996, Ch. 56, Sec. 3. )

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    The court may order a family centered case resolution plan, and if it does, it must state the plan in writing or on the record.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Case Management [2450 - 2452] ( Chapter 6 added by Stats. 1996, Ch. 56, Sec. 3. ) ## 2450. (a) The purpose of family centered case resolution is to benefit the parties by providing judicial assistance and management to the parties in actions for dissolution of marriage for the purpose of expediting the processing of the case, reducing the expense of litigation, and focusing on early resolution by settlement. Family centered case resolution is a tool to allow the courts to better assist families. It does not increase the authority of the court to appoint any third parties to the case. (b) The court may order a family centered case resolution plan as provided in Section 2451. If the court orders family centered case resolution, it shall state the family centered case resolution plan in writing or on the record. (Amended by Stats. 2010, Ch. 352, Sec. 10. (AB 939) Effective January 1, 2011.)
  183. 2451.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Case Management [2450 - 2452] ( Chapter 6 added by Stats. 1996, Ch. 56, Sec. 3. )

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    A court-ordered family centered case resolution plan must comply with due process and may include several case-management tools.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Case Management [2450 - 2452] ( Chapter 6 added by Stats. 1996, Ch. 56, Sec. 3. ) ## 2451. (a) A court-ordered family centered case resolution plan must be in conformance with due process requirements and may include, but is not limited to, all of the following: (1) Early neutral case evaluation. (2) Alternative dispute resolution consistent with the requirements of subdivision (a) of Section 3181. (3) Limitations on discovery, including temporary suspension pending exploration of settlement. There is a rebuttable presumption that an attorney who carries out discovery as provided in a family centered case resolution plan has fulfilled his or her duty of care to the client as to the existence of community property. (4) Use of telephone conference calls to ascertain the status of the case, encourage cooperation, and assist counsel in reaching agreement. However, if the court is required to issue an order other than by stipulation, a hearing shall be held. (5) If stipulated by the parties, modification or waiver of the requirements of procedural statutes. (6) A requirement that any expert witness be selected by the parties jointly or be appointed by the court. However, if at any time the court determines that the issues for which experts are required cannot be settled under these conditions, the court shall permit each party to employ his or her own expert. (7) Bifurcation of issues for trial. (b) This section does not provide any additional authority to the court to appoint experts beyond that permitted under other provisions of law. (c) The Judicial Council shall, by January 1, 2012, adopt a statewide rule of court to implement this section. (d) The changes made to this section by the act adding this subdivision shall become operative on January 1, 2012. (Amended by Stats. 2010, Ch. 352, Sec. 11. (AB 939) Effective January 1, 2011. Amended version operative January 1, 2012, pursuant to earlier operation of new subdivision (d).)
  184. 2452.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Case Management [2450 - 2452] ( Chapter 6 added by Stats. 1996, Ch. 56, Sec. 3. )

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    The Judicial Council may, by rule, increase the procedures in this chapter.

    ## Family Code - FAM ## DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000 - 2452] ( Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300 - 2452] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Case Management [2450 - 2452] ( Chapter 6 added by Stats. 1996, Ch. 56, Sec. 3. ) ## 2452. The Judicial Council may, by rule, increase the procedures set forth in this chapter. (Amended by Stats. 2014, Ch. 311, Sec. 1. (AB 2745) Effective January 1, 2015.)
  185. 246.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. )

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    A court must grant or deny a without-notice temporary restraining order request the same day the petition is filed, unless late filing prevents effective review.

    ## Family Code - FAM ## DIVISION 2. GENERAL PROVISIONS [200 - 295] ( Division 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. EX PARTE TEMPORARY RESTRAINING ORDERS [240 - 246] ( Heading of Part 4 amended by Stats. 1993, Ch. 219, Sec. 84.7. ) ## 246. A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the order shall be granted or denied on the next day of judicial business in sufficient time for the order to be filed that day with the clerk of the court. (Amended by Stats. 2010, Ch. 572, Sec. 11. (AB 1596) Effective January 1, 2011. Operative January 1, 2012, by Sec. 28 of Ch. 572.)
  186. 2500.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [2500 - 2502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says the definitions in this part control how Division 7 is read, unless the provision or context requires otherwise.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [2500 - 2502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2500. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  187. 2502.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [2500 - 2502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    “Separate property” does not include quasi-community property.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [2500 - 2502] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2502. “Separate property” does not include quasi-community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  188. 2550.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In divorce or legal separation proceedings, the court must divide the parties’ community estate equally unless the parties agree otherwise, stipulate orally in open court, or another rule in this division applies.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2550. Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  189. 2551.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court must classify liabilities as separate or community and then confirm or assign them to the parties under Part 6.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2551. For the purposes of division and in confirming or assigning the liabilities of the parties for which the community estate is liable, the court shall characterize liabilities as separate or community and confirm or assign them to the parties in accordance with Part 6 (commencing with Section 2620). (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  190. 2552.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court must value community assets and liabilities near the time of trial, unless subdivision (b) applies.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2552. (a) For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision (b), the court shall value the assets and liabilities as near as practicable to the time of trial. (b) Upon 30 days’ notice by the moving party to the other party, the court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  191. 2553.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may make any orders it considers necessary to carry out this division’s purposes.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2553. The court may make any orders the court considers necessary to carry out the purposes of this division. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  192. 2554.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may send certain property-division disputes to arbitration if the parties do not agree in writing to a voluntary division and the property in controversy is valued at $50,000 or less.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2554. (a) Notwithstanding any other provision of this division, in any case in which the parties do not agree in writing to a voluntary division of the community estate of the parties, the issue of the character, the value, and the division of the community estate may be submitted by the court to arbitration for resolution pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, if the total value of the community and quasi-community property in controversy in the opinion of the court does not exceed fifty thousand dollars ($50,000). The decision of the court regarding the value of the community and quasi-community property for purposes of this section is not appealable. (b) The court may submit the matter to arbitration at any time it believes the parties are unable to agree upon a division of the property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  193. 2555.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The disposition of the community estate under this division can be revised on appeal, including matters stated to be within the court’s discretion.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2555. The disposition of the community estate, as provided in this division, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  194. 2556.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In certain marriage, nullity, or legal-separation proceedings, the court can decide previously unadjudicated community estate assets or liabilities, and it must divide them equally unless good cause justifies an unequal division.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. GENERAL PROVISIONS [2550 - 2556] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2556. In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability. (Amended by Stats. 1993, Ch. 219, Sec. 111. Effective January 1, 1994.)
  195. 2580.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM [2580 - 2581] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The section says former Civil Code Sections 4800.1 and 4800.2 apply to jointly titled property and to proceedings started on or after January 1, 1984, but not to certain older settlement agreements or judgments.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM [2580 - 2581] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2580. The Legislature hereby finds and declares as follows: (a) It is the public policy of this state to provide uniformly and consistently for the standard of proof in establishing the character of property acquired by spouses during marriage in joint title form, and for the allocation of community and separate interests in that property between the spouses. (b) The methods provided by case and statutory law have not resulted in consistency in the treatment of spouses’ interests in property they hold in joint title, but rather, have created confusion as to which law applies to property at a particular point in time, depending on the form of title, and, as a result, spouses cannot have reliable expectations as to the characterization of their property and the allocation of the interests therein, and attorneys cannot reliably advise their clients regarding applicable law. (c) Therefore, a compelling state interest exists to provide for uniform treatment of property. Thus, former Sections 4800.1 and 4800.2 of the Civil Code, as operative on January 1, 1987, and as continued in Sections 2581 and 2640 of this code, apply to all property held in joint title regardless of the date of acquisition of the property or the date of any agreement affecting the character of the property, and those sections apply in all proceedings commenced on or after January 1, 1984. However, those sections do not apply to property settlement agreements executed before January 1, 1987, or proceedings in which judgments were rendered before January 1, 1987, regardless of whether those judgments have become final. (Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 876, Sec. 15.2. Effective October 6, 1993. Operative January 1, 1994, by Sec. 37 of Ch. 876.)
  196. 2581.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM [2580 - 2581] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Property acquired during marriage in joint form is presumed to be community property for property division after dissolution of marriage or legal separation.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM [2580 - 2581] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2581. For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof and may be rebutted by either of the following: (a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property. (b) Proof that the parties have made a written agreement that the property is separate property. (Added by Stats. 1993, Ch. 219, Sec. 111.7. Effective January 1, 1994.)
  197. 2600.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may divide the community estate under this part, even though Sections 2550 to 2552 otherwise apply.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2600. Notwithstanding Sections 2550 to 2552, inclusive, the court may divide the community estate as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  198. 2601.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If economic circumstances warrant, the court may award a community asset to one spouse or party on conditions it considers proper to achieve a substantially equal division.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2601. Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  199. 2602.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A court may award a party’s share, or offset property, by the amount it finds was deliberately misappropriated to the exclusion of the other party’s interest in the community estate.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2602. As an additional award or offset against existing property, the court may award, from a party’s share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  200. 2603.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The section defines “community estate personal injury damages” and says they must be assigned to the injured party unless the court finds another disposition is required by justice.

    ## Family Code - FAM ## DIVISION 7. DIVISION OF PROPERTY [2500 - 2660] ( Division 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 4. SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE [2600 - 2605] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 2603. (a) “Community estate personal injury damages” as used in this section means all money or other property received or to be received by a person in satisfaction of a judgment for damages for the person’s personal injuries or pursuant to an agreement for the settlement or compromise of a claim for the damages, if the cause of action for the damages arose during the marriage but is not separate property as described in Section 781, unless the money or other property has been commingled with other assets of the community estate. (b) Community estate personal injury damages shall be assigned to the party who suffered the injuries unless the court, after taking into account the economic condition and needs of each party, the time that has elapsed since the recovery of the damages or the accrual of the cause of action, and all other facts of the case, determines that the interests of justice require another disposition. In such a case, the community estate personal injury damages shall be assigned to the respective parties in such proportions as the court determines to be just, except that at least one-half of the damages shall be assigned to the party who suffered the injuries. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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