DIVISION 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION [2000. - 2452.]
Division 6 enacted by Stats. 1992, Ch. 162, Sec. 10.
§§ 2000–2452 · 126 sections
PART 1. GENERAL PROVISIONS §§ 2000–2129 · 71 sections
CHAPTER 1. Application of Part § 2000 · 1 section
- § 2000 This part applies to a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
CHAPTER 2. Jurisdiction §§ 2010–2013 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3. Procedural Provisions §§ 2020–2026 · 10 sections
- § 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…
- § 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…
- § 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)…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3.5. Attorney’s Fees and Costs §§ 2030–2034 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 4. Protective and Restraining Orders §§ 2040–2049 · 5 sections
ARTICLE 1. Orders in Summons §§ 2040–2041 · 2 sections
- § 2040 (a) In addition to the contents required by Section 412.20 of the Code of Civil Procedure, the summons shall contain a temporary restraining order: (1)…
- § 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…
ARTICLE 2. Ex Parte Orders § 2045 · 1 section
- § 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…
ARTICLE 3. Orders After Notice and Hearing § 2047 · 1 section
- § 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…
ARTICLE 4. Orders Included in Judgment § 2049 · 1 section
- § 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)…
CHAPTER 5. Notice to Insurance Carriers §§ 2050–2053 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 6. Employee Pension Benefit Plan as Party §§ 2060–2074 · 11 sections
ARTICLE 1. Joinder of Plan §§ 2060–2065 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Proceedings After Joinder §§ 2070–2074 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 7. Restoration of Spouse’s Former Name §§ 2080–2082 · 3 sections
- § 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…
- § 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…
- § 2082 This code does not abrogate the common law right of any person to change one’s name.
CHAPTER 8. Uniform Divorce Recognition Act §§ 2090–2093 · 4 sections
- § 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…
- § 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…
- § 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…
CHAPTER 9. Disclosure of Assets and Liabilities §§ 2100–2113 · 14 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
CHAPTER 10. Relief From Judgment §§ 2120–2129 · 10 sections
- § 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…
- § 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,…
- § 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:…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 2129 This chapter applies to judgments entered on or after January 1, 1993.
PART 2. JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE §§ 2200–2255 · 11 sections
CHAPTER 1. Void Marriage §§ 2200–2201 · 2 sections
- § 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…
- § 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,…
CHAPTER 2. Voidable Marriage §§ 2210–2212 · 3 sections
- § 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…
- § 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…
- § 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…
CHAPTER 3. Procedural Provisions §§ 2250–2255 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION §§ 2300–2452 · 44 sections
CHAPTER 1. Effect of Dissolution § 2300 · 1 section
- § 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.
CHAPTER 2. Grounds for Dissolution or Legal Separation §§ 2310–2313 · 4 sections
- § 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)…
- § 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…
- § 2312 A marriage may be dissolved on the grounds of permanent legal incapacity to make decisions only upon proof, including competent medical or psychiatric…
- § 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…
CHAPTER 3. Residence Requirements §§ 2320–2322 · 3 sections
- § 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…
- § 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…
- § 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…
CHAPTER 4. General Procedural Provisions §§ 2330–2348 · 26 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 2342 Where a joint petition for summary dissolution under Chapter 5 (commencing with Section 2400) is thereafter revoked and either party commences a proceeding…
- § 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…
- § 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.
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 5. Summary Dissolution §§ 2400–2406 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 6. Case Management §§ 2450–2452 · 3 sections
- § 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…
- § 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…
- § 2452 The Judicial Council may, by rule, increase the procedures set forth in this chapter.