reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 9 - Disclosure of Assets and Liabilities › Section 2112.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 9 - Disclosure of Assets and Liabilities › Section 2113.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2120.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2121.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2122.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2123.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2124.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2125.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2126.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2127.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2128.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 1 - GENERAL PROVISIONS › CHAPTER 10 - Relief From Judgment › Section 2129.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 1 - Void Marriage › Section 2200.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 1 - Void Marriage › Section 2201.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 2 - Voidable Marriage › Section 2210.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 2 - Voidable Marriage › Section 2211.

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 subdivision (a) of Section 2210, by any of the following:
(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent.
(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:
(1) Either party during the life of the other.
(2) The former spouse.
(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years after the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage.
(Amended by Stats. 2014, Ch. 82, Sec. 26. (SB 1306) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 2 - Voidable Marriage › Section 2212.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 3 - Procedural Provisions › Section 2250.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 3 - Procedural Provisions › Section 2251.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 3 - Procedural Provisions › Section 2252.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 3 - Procedural Provisions › Section 2253.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 3 - Procedural Provisions › Section 2254.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 2 - JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE › CHAPTER 3 - Procedural Provisions › Section 2255.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 1 - Effect of Dissolution › Section 2300.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 2 - Grounds for Dissolution or Legal Separation › Section 2310.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 2 - Grounds for Dissolution or Legal Separation › Section 2311.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 2 - Grounds for Dissolution or Legal Separation › Section 2312.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 2 - Grounds for Dissolution or Legal Separation › Section 2313.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 3 - Residence Requirements › Section 2320.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 3 - Residence Requirements › Section 2321.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 3 - Residence Requirements › Section 2322.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2330.

2330. (a) A proceeding for dissolution of marriage or for legal separation of the parties is commenced by filing a 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.
(Amended by Stats. 1998, Ch. 581, Sec. 11. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2330.1.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2330.3.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2330.5.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2331.

2331. 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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2332.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2333.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2334.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2335.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2335.5.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2336.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2338.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2338.5.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2339.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2340.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2341.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2342.

2342. Where a joint petition 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 which has elapsed from the date of filing the joint petition to the date of filing the revocation.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2343.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2344.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2345.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2346.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2347.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 4 - General Procedural Provisions › Section 2348.

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.)
2023 California Code › Family Code - FAM › DIVISION 6 - NULLITY, DISSOLUTION, AND LEGAL SEPARATION › PART 3 - DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION › CHAPTER 5 - Summary Dissolution › Section 2401.

2401. (a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition 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 his or her former name restored, and, if so, the name to be restored.
(Amended by Stats. 2014, Ch. 82, Sec. 29. (SB 1306) Effective January 1, 2015.)