California

Family Code

1,650 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1830 — (a) When a controversy exists between spouses, or when a controversy relating to child custody or visitation exists between parents regardless of their marital status, and the controversy may, unless
• § 1831 — Before the filing of a proceeding for determination of custody or visitation rights, for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, either spo
• § 1832 — The petition shall be captioned substantially as follows: In the Superior Court of the State of California in and for the County of ____ Upon the peti
• § 1833 — The petition shall: (a) Allege that a controversy exists between the spouses or parents and request the aid of the court to effect a reconciliation or an amicable settlement of the controversy.
• § 1834 — (a) The clerk of the court shall provide, at the expense of the court, blank forms for petitions for filing pursuant to this part.
• § 1835 — No fee shall be charged by any officer for filing the petition.
• § 1836 — (a) The court shall fix a reasonable time and place for hearing on the petition.
• § 1837 — (a) Except as provided in subdivision (b), for the purpose of conducting hearings pursuant to this part, the family conciliation court may be convened at any time and place within the county, and the
• § 1838 — (a) The hearing shall be conducted informally as a conference or a series of conferences to effect a reconciliation of the spouses or an amicable adjustment or settlement of the issues in controversy.
• § 1839 — (a) At or after the hearing, the court may make orders in respect to the conduct of the spouses or parents and the subject matter of the controversy that the court deems necessary to preserve the marr
• § 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
• § 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 th
• § 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 null
• § 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.
• § 1850 — The Judicial Council shall do all of the following: (a) Assist courts in implementing mediation and conciliation proceedings under this code.
• § 1851 — The Judicial Council shall establish an advisory committee of persons representing a broad spectrum of interest in and knowledge about family law.
• § 1852 — (a) There is in the State Treasury the Family Law Trust Fund.
• § 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
• § 200 — The superior court has jurisdiction in proceedings under this code.
• § 2000 — This part applies to a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
• § 20000 — (a) The Legislature finds and declares the following: (1) Child and spousal support are serious legal obligations.
• § 20001 — The Superior Courts of the Counties of Santa Clara and San Mateo may conduct pilot projects pursuant to this part.
• § 20002 — The duration of the pilot projects shall be two years.
• § 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, wh
• § 20011 — Motions for temporary orders under this chapter shall be heard as soon as practicable, consistent with the rules governing other civil actions.
• § 20012 — The court shall appoint a Family Law Evaluator, who shall be available to assist parties.
• § 20013 — The court shall provide the Family Law Evaluator at no cost to the parties.
• § 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.
• § 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.
• § 20016 — The court may elect to publish a low-cost booklet describing this program.
• § 20017 — The Family Law Evaluator shall be an attorney, licensed to practice in this state.
• § 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
• § 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 tho
• § 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 Evalu
• § 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.
• § 20022 — The tax return submitted pursuant to Section 20020 may be reviewed by the other party.
• § 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
• § 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
• § 20030 — The Superior Court of the County of Santa Clara may conduct a pilot project pursuant to this chapter.
• § 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 marri
• § 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 hear
• § 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.
• § 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 dutie
• § 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
• § 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.
• § 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
• § 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
• § 20040 — The court may elect to publish a low-cost booklet describing the program.
• § 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,
• § 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)
• § 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 ar
• § 2011 — When service of summons on a spouse is made pursuant to Section 415.
• § 2012 — (a) During the time a motion pursuant to Section 418.
• § 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
• § 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.
• § 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 Counc
• § 2022 — (a) Evidence collected by eavesdropping in violation of Chapter 1.
• § 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
• § 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: “Disso
• § 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 pu
• § 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 liabiliti
• § 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
• § 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
• § 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.
• § 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 th
• § 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 subseque
• § 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 circumsta
• § 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
• § 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
• § 2040 — (a) In addition to the contents required by Section 412.
• § 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
• § 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:
• § 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
• § 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.
• § 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
• § 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
• § 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 requeste
• § 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.
• § 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 i
• § 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.
• § 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.
• § 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 r
• § 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 pa
• § 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.
• § 2070 — (a) This article governs a proceeding in which an employee benefit plan has been joined as a party.
• § 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
• § 2072 — The employee benefit plan is not required to, but may, appear at any hearing in the proceeding.
• § 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 o
• § 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 be
• § 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 nam
• § 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 re
• § 2082 — This code does not abrogate the common law right of any person to change one’s name.
• § 2090 — This chapter may be cited as the Uniform Divorce Recognition Act.
• § 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 comm
• § 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 therefo
• § 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
• § 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
• § 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
• § 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 t
• § 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 t
• § 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 se
• § 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 for
• § 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 g
• § 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 withou
• § 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 pursua
• § 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 unreasonabl
• § 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.
• § 211 — Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.
• § 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
• § 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 disclos
• § 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.
• § 2112 — The Judicial Council shall adopt appropriate forms and modify existing forms to effectuate the purposes of this chapter.
• § 2113 — This chapter applies to any proceeding commenced on or after January 1, 1993.
• § 212 — A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified.
• § 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
• § 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
• § 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 par
• § 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 c
• § 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
• § 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.
• § 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.
• § 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.
• § 2128 — (a) Nothing in this chapter prohibits a party from seeking relief under Section 2556.
• § 2129 — This chapter applies to judgments entered on or after January 1, 1993.
• § 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 req
• § 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 jo
• § 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 i
• § 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
• § 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 sha
• § 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 r
• § 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 i
• § 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
• § 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 proceedin
• § 2211 — A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must be commenced within the periods and by the parties, as follows: (a) For causes mentioned in subdivi
• § 2212 — (a) The effect of a judgment of nullity of marriage is to restore the parties to the status of unmarried persons.
• § 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 o
• § 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) Declar
• § 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.
• § 2253 — In a proceeding under this part, custody of the children shall be determined according to Division 8 (commencing with Section 3000).
• § 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
• § 2255 — The court may grant attorney’s fees and costs in accordance with Chapter 3.
• § 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.
• § 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
• § 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
• § 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.
• § 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 pe
• § 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
• § 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
• § 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 th
• § 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
• § 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.
• § 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 tempora
• § 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 stat
• § 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 par
• § 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 sha
• § 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,
• § 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 servic
• § 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 c
• § 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 ord
• § 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 p
• § 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 specif
• § 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 bea
• § 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
• § 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 fro
• § 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.
• § 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
• § 2339 — Six-month waiting period for divorce
• § 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 proscribe
• § 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.
• § 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 fin
• § 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
• § 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
• § 2342.51 — The Judicial Council shall adopt or amend any rules or forms necessary to implement Section 2342.
• § 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 t
• § 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.
• § 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 sepa
• § 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 cou
• § 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.
• § 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 judgment
• § 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
• § 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
• § 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
• § 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.
• § 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 sum
• § 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
• § 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.
• § 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,
• § 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 unde
• § 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 petiti
• § 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.
• § 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 petit
• § 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 speci
• § 245 — (a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition.
• § 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 ex
• § 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 evalu
• § 2452 — The Judicial Council may, by rule, increase the procedures set forth in this chapter.