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Family Code - FAM - FAM § 240
Family Code - FAM - FAM § 240
This part applies where a temporary restraining order, including a protective order as defined in Section 6218, is issued under any of the following provisions: (a) Article 2 (commencing with Section 2045) of Chapter 4 of Part 1 of Division 6 (dissolution of marriage, nullity of
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Family Code - FAM - FAM § 2400
Family Code - FAM - FAM § 2400
(a) A marriage may be dissolved by the summary dissolution procedure provided in this chapter if all of the following conditions exist at the time the proceeding is commenced: (1) Either party has met the jurisdictional requirements of Chapter 3 (commencing with Section 2320) wit
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Family Code - FAM - FAM § 2401
Family Code - FAM - FAM § 2401
(a) A proceeding for summary dissolution of the marriage shall be commenced by filing a joint petition for summary dissolution in the form prescribed by the Judicial Council. (b) The petition shall be signed under oath by both spouses and shall include all of the following: (1) A
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Family Code - FAM - FAM § 2402
Family Code - FAM - FAM § 2402
(a) At any time before the filing of application for judgment pursuant to Section 2403, either party to the marriage may revoke the joint petition for summary dissolution and thereby terminate the summary dissolution proceeding filed pursuant to this chapter. (b) The revocation s
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Family Code - FAM - FAM § 2403
Family Code - FAM - FAM § 2403
When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage. The judgment restores to the parties the status of sin
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Family Code - FAM - FAM § 2404
Family Code - FAM - FAM § 2404
Entry of the judgment pursuant to Section 2403 constitutes: (a) A final adjudication of the rights and obligations of the parties with respect to the status of the marriage and property rights. (b) A waiver of their respective rights to spousal support, rights to appeal, and righ
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Family Code - FAM - FAM § 2405
Family Code - FAM - FAM § 2405
(a) Entry of the judgment pursuant to Section 2403 does not prejudice nor bar the rights of either of the parties to institute an action to set aside the judgment for fraud, duress, accident, mistake, or other grounds recognized at law or in equity or to make a motion pursuant to
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Family Code - FAM - FAM § 2406
Family Code - FAM - FAM § 2406
(a) Each superior court shall make available a brochure, the contents and form of which shall be prescribed by the Judicial Council, describing the requirements, nature, and effect of proceedings under this chapter. The brochure shall be printed and distributed by the Judicial Co
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Family Code - FAM - FAM § 241
Family Code - FAM - FAM § 241
Except as provided in Section 6300, an order described in Section 240 may not be granted without notice to the respondent unless it appears from facts shown by the declaration in support of the petition for the order, or in the petition for the order, that great or irreparable in
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Family Code - FAM - FAM § 242
Family Code - FAM - FAM § 242
(a) Within 21 days, or, if good cause appears to the court, 25 days from the date that a temporary restraining order is granted or denied, a hearing shall be held on the petition. If no request for a temporary restraining order is made, the hearing shall be held within 21 days, o
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Family Code - FAM - FAM § 243
Family Code - FAM - FAM § 243
(a) If a petition under this part has been filed, the respondent shall be personally served with a copy of the petition, the temporary restraining order, if any, and the notice of hearing on the petition. Service shall be made at least five days before the hearing. (b) On motion
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Family Code - FAM - FAM § 244
Family Code - FAM - FAM § 244
(a) On the day of the hearing, the hearing on the petition shall take precedence over all other matters on the calendar that day, except older matters of the same character, and matters to which special precedence may be given by law. (b) The hearing on the petition shall be set
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Family Code - FAM - FAM § 245
Family Code - FAM - FAM § 245
(a) The respondent shall be entitled, as a matter of course, to one continuance for a reasonable period, to respond to the petition. (b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writi
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Family Code - FAM - FAM § 2450
Family Code - FAM - FAM § 2450
(a) The purpose of family centered case resolution is to benefit the parties by providing judicial assistance and management to the parties in actions for dissolution of marriage for the purpose of expediting the processing of the case, reducing the expense of litigation, and foc
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Family Code - FAM - FAM § 2451
Family Code - FAM - FAM § 2451
(a) A court-ordered family centered case resolution plan must be in conformance with due process requirements and may include, but is not limited to, all of the following: (1) Early neutral case evaluation. (2) Alternative dispute resolution consistent with the requirements of su
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Family Code - FAM - FAM § 2452
Family Code - FAM - FAM § 2452
The Judicial Council may, by rule, increase the procedures set forth in this chapter.
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Family Code - FAM - FAM § 246
Family Code - FAM - FAM § 246
A request for a temporary restraining order described in Section 240, issued without notice, shall be granted or denied on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective review, in which case the orde
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Family Code - FAM - FAM § 2500
Family Code - FAM - FAM § 2500
Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.
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Family Code - FAM - FAM § 2502
Family Code - FAM - FAM § 2502
“Separate property” does not include quasi-community property.
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Family Code - FAM - FAM § 2550
Family Code - FAM - FAM § 2550
Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolu
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Family Code - FAM - FAM § 2551
Family Code - FAM - FAM § 2551
For the purposes of division and in confirming or assigning the liabilities of the parties for which the community estate is liable, the court shall characterize liabilities as separate or community and confirm or assign them to the parties in accordance with Part 6 (commencing w
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Family Code - FAM - FAM § 2552
Family Code - FAM - FAM § 2552
(a) For the purpose of division of the community estate upon dissolution of marriage or legal separation of the parties, except as provided in subdivision (b), the court shall value the assets and liabilities as near as practicable to the time of trial. (b) Upon 30 days’ notice b
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Family Code - FAM - FAM § 2553
Family Code - FAM - FAM § 2553
The court may make any orders the court considers necessary to carry out the purposes of this division.
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Family Code - FAM - FAM § 2554
Family Code - FAM - FAM § 2554
(a) Notwithstanding any other provision of this division, in any case in which the parties do not agree in writing to a voluntary division of the community estate of the parties, the issue of the character, the value, and the division of the community estate may be submitted by t
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Family Code - FAM - FAM § 2555
Family Code - FAM - FAM § 2555
The disposition of the community estate, as provided in this division, is subject to revision on appeal in all particulars, including those which are stated to be in the discretion of the court.