PART 3. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION [2300. - 2452.]

Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 2300–2452 · 44 sections

1. 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.
2. 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…
3. 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…
4. 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…
5. 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…
6. 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.