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  • California Family Code Section 1
    This code shall be known as the Family Code.
  • California Family Code Section 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...
  • California Family Code Section 3
    A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate...
  • California Family Code Section 4
    (a) As used in this section: (1) "New law" means either of the following, as the case may be: (A) The act that enacted this...
  • California Family Code Section 5
    Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.
  • California Family Code Section 6
    Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
  • California Family Code Section 7
    Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of...
  • California Family Code Section 8
    Unless otherwise expressly stated: (a) "Division" means a division of this code. (b) "Part" means a part of the division in which that term occurs....
  • California Family Code Section 9
    The present tense includes the past and future tenses, and the future, the present.
  • California Family Code Section 10
    The singular number includes the plural, and the plural, the singular.
  • California Family Code Section 11
    A reference to "husband" and "wife," "spouses," or "married persons," or a comparable term, includes persons who are lawfully married to each other and persons...
  • California Family Code Section 12
    "Shall" is mandatory and "may" is permissive. "Shall not" and "may not" are prohibitory.
  • California Family Code Section 13
    If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other...
  • California Family Code Section 50
    Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.
  • California Family Code Section 58
    "Child for whom support may be ordered" means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.
  • California Family Code Section 63
    "Community estate" includes both community property and quasi-community property.
  • California Family Code Section 65
    "Community property" is property that is community property under Part 2 (commencing with Section 760) of Division 4.
  • California Family Code Section 67
    "County" includes city and county.
  • California Family Code Section 80
    "Employee benefit plan" includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred...
  • California Family Code Section 92
    "Family support" means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to...
  • California Family Code Section 95
    "Income and expense declaration" means the form for an income and expense declaration in family law matters adopted by the Judicial Council.
  • California Family Code Section 100
    "Judgment" and "order" include a decree, as appropriate under the circumstances.
  • California Family Code Section 105
    "Person" includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
  • California Family Code Section 110
    "Proceeding" includes an action.
  • California Family Code Section 113
    "Property" includes real and personal property and any interest therein.
  • California Family Code Section 115
    "Property declaration" means the form for a property declaration in family law matters adopted by the Judicial Council.
  • California Family Code Section 125
    "Quasi-community property" means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following...
  • California Family Code Section 126
    "Petitioner" includes plaintiff, where appropriate.
  • California Family Code Section 127
    "Respondent" includes defendant, where appropriate.
  • California Family Code Section 130
    "Separate property" is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
  • California Family Code Section 142
    "Spousal support" means support of the spouse of the obligor.
  • California Family Code Section 145
    "State" means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the...
  • California Family Code Section 150
    "Support" refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also...
  • California Family Code Section 155
    "Support order" means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission,...
  • California Family Code Section 170
    (a) As used in this code, unless the context otherwise requires, the terms "Indian," "Indian child," "Indian child's tribe," "Indian custodian," "Indian organization," "Indian tribe,"...
  • California Family Code Section 175
    (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized...
  • California Family Code Section 177
    (a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare...
  • California Family Code Section 180
    (a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be...
  • California Family Code Section 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...
  • California Family Code Section 200
    The superior court has jurisdiction in proceedings under this code.
  • California Family Code Section 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...
  • California Family Code Section 211
    Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this code.
  • California Family Code Section 212
    A petition, response, application, opposition, or other pleading filed with the court under this code shall be verified.
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 215
    After entry of a judgment of dissolution of marriage, nullity of marriage, legal separation of the parties, or paternity, or after a permanent order in...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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:...
  • California Family Code Section 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...
  • California Family Code Section 242
    (a) Except as provided in subdivision (b), if an order described in Section 240 is issued, the matter shall be made returnable on an order...
  • California Family Code Section 243
    (a) When the matter first comes up for hearing, the applicant must be ready to proceed. (b) If an order described in Section 240 has...
  • California Family Code Section 244
    (a) On the day upon which the order is made returnable, the hearing shall take precedence over all other matters on the calendar of the...
  • California Family Code Section 245
    (a) The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by...
  • California Family Code Section 246
    An ex parte temporary restraining order described in Section 240 shall be issued or denied on the same day that the application is submitted to...
  • California Family Code Section 270
    If a court orders a party to pay attorney's fees or costs under this code, the court shall first determine that the party has or...
  • California Family Code Section 271
    (a) Notwithstanding any other provision of this code, the court may base an award of attorney's fees and costs on the extent to which the...
  • California Family Code Section 272
    (a) Where the court orders one of the parties to pay attorney' s fees and costs for the benefit of the other party, the fees...
  • California Family Code Section 273
    Notwithstanding any other provision of this code, the court shall not award attorney's fees against any governmental agency involved in a family law matter or...
  • California Family Code Section 274
    (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy authorized pursuant to Section 4324, the injured spouse shall...
  • California Family Code Section 290
    A judgment or order made or entered pursuant to this code may be enforced by the court by execution, the appointment of a receiver, or...
  • California Family Code Section 291
    (a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child,...
  • California Family Code Section 292
    (a) The Judicial Council shall modify the title of its existing form, "Order to Show Cause and Declaration for Contempt (Family Law)," to "Order to...
  • California Family Code Section 295
    (a) For the purpose of application of the laws of succession set forth in the Probate Code to a decedent, and for the purpose of...
  • California Family Code Section 297
    (a) Domestic partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring. (b) A...
  • California Family Code Section 297.5
    (a) Registered domestic partners shall have the same rights, protections, and benefits, and shall be subject to the same responsibilities, obligations, and duties under law,...
  • California Family Code Section 298
    (a) (1) The Secretary of State shall prepare forms entitled "Declaration of Domestic Partnership" and "Notice of Termination of Domestic Partnership" to meet the requirements...
  • California Family Code Section 298.5
    (a) Two persons desiring to become domestic partners may complete and file a Declaration of Domestic Partnership with the Secretary of State. (b) The Secretary...
  • California Family Code Section 298.6
    (a) Parties to a registered domestic partnership shall not be required to have the same name. Neither party shall be required to change his or...
  • California Family Code Section 299
    (a) A registered domestic partnership may be terminated without filing a proceeding for dissolution of domestic partnership by the filing of a Notice of Termination...
  • California Family Code Section 299.2
    A legal union of two persons of the same sex, other than a marriage, that was validly formed in another jurisdiction, and that is substantially...
  • California Family Code Section 299.3
    (a) On or before June 30, 2004, and again on or before December 1, 2004, and again on or before January 31, 2005, the Secretary...
  • California Family Code Section 299.6
    (a) Any local ordinance or law that provides for the creation of a "domestic partnership" shall be preempted on and after July 1, 2000, except...
  • California Family Code Section 300
    (a) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties...
  • California Family Code Section 301
    An unmarried male of the age of 18 years or older, and an unmarried female of the age of 18 years or older, and not...
  • California Family Code Section 302
    (a) An unmarried male or female under the age of 18 years is capable of consenting to and consummating marriage upon obtaining a court order...
  • California Family Code Section 303
    If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that...
  • California Family Code Section 304
    As part of the court order granting permission to marry under Section 302 or 303, the court shall require the parties to the prospective marriage...
  • California Family Code Section 305
    Consent to and solemnization of marriage may be proved under the same general rules of evidence as facts are proved in other cases.
  • California Family Code Section 306
    Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county...
  • California Family Code Section 306.5
    (a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change his or her name....
  • California Family Code Section 307
    This division, so far as it relates to the solemnizing of marriage, is not applicable to members of a particular religious society or denomination not...
  • California Family Code Section 308
    A marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in...
  • California Family Code Section 308.5
    Only marriage between a man and a woman is valid or recognized in California.
  • California Family Code Section 309
    If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by...
  • California Family Code Section 310
    Marriage is dissolved only by one of the following: (a) The death of one of the parties. (b) A judgment of dissolution of marriage. (c)...
  • California Family Code Section 350
    (a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk....
  • California Family Code Section 351
    The marriage license shall show all of the following: (a) The identity of the parties to the marriage. (b) The parties' full given names at...
  • California Family Code Section 351.5
    Notwithstanding subdivision (b) of Section 351 or 359 of this code, or Section 103175 of the Health and Safety Code, if either of the applicants...
  • California Family Code Section 351.6
    Notwithstanding Section 307, 351, 351.5, 359, or 422 of this code, or Section 103175 or 103180 of the Health and Safety Code, a mailing address...
  • California Family Code Section 352
    No marriage license shall be granted if either of the applicants lacks the capacity to enter into a valid marriage or is, at the time...
  • California Family Code Section 354
    (a) Each applicant for a marriage license shall be required to present authentic photo identification acceptable to the county clerk as to name and date...
  • California Family Code Section 355
    (a) The forms for the marriage license shall be prescribed by the State Department of Health Services, and shall be adapted to set forth the...
  • California Family Code Section 355
    (a) The forms for the marriage license shall be prescribed by the State Department of Public Health, and shall be adapted to set forth the...
  • California Family Code Section 356
    A marriage license issued pursuant to this part expires 90 days after its issuance. The calendar date of expiration shall be clearly noted on the...
  • California Family Code Section 357
    (a) The county clerk shall number each marriage license issued and shall transmit at periodic intervals to the county recorder a list or copies of...
  • California Family Code Section 358
    (a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following: (1) Information concerning the possibilities of genetic...
  • California Family Code Section 359
    (a) Except as provided in Sections 420 and 426, applicants to be married shall first appear together in person before the county clerk to obtain...
  • California Family Code Section 360
    (a) If a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed...
  • California Family Code Section 400
    Marriage may be solemnized by any of the following who is of the age of 18 years or older: (a) A priest, minister, rabbi, or...
  • California Family Code Section 401
    (a) For each county, the county clerk is designated as a commissioner of civil marriages. (b) The commissioner of civil marriages may appoint deputy commissioners...
  • California Family Code Section 402
    In addition to the persons permitted to solemnize marriages under Section 400, a county may license officials of a nonprofit religious institution, whose articles of...
  • California Family Code Section 420
    (a) No particular form for the ceremony of marriage is required for solemnization of the marriage, but the parties shall declare, in the physical presence...
  • California Family Code Section 421
    Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license. If the person solemnizing the marriage has reason...
  • California Family Code Section 422
    The person solemnizing a marriage shall, sign and print or type upon the marriage license a statement, in the form prescribed by the State Department...
  • California Family Code Section 423
    The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which...
  • California Family Code Section 425
    If no record of the solemnization of a California marriage previously contracted under this division for that marriage is known to exist, the parties may...
  • California Family Code Section 426
    If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person...
  • California Family Code Section 500
    When an unmarried man and an unmarried woman, not minors, have been living together as husband and wife, they may be married pursuant to this...
  • California Family Code Section 500.5
    For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county clerk, at...
  • California Family Code Section 501
    Except as provided in Section 502, a confidential marriage license shall be issued by the county clerk upon the personal appearance together of the parties...
  • California Family Code Section 502
    If for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person...
  • California Family Code Section 503
    The county clerk shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage...
  • California Family Code Section 504
    A confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk and may only be used...
  • California Family Code Section 505
    (a) The form of the confidential marriage license shall be prescribed by the State Registrar of Vital Statistics. (b) The form shall be designed to...
  • California Family Code Section 506
    (a) The confidential marriage license shall be presented to the person solemnizing the marriage. (b) Upon performance of the ceremony, the solemnization section on the...
  • California Family Code Section 508
    Upon issuance of a confidential marriage license, parties shall be provided with an application to obtain a certified copy of the confidential marriage certificate from...
  • California Family Code Section 509
    (a) A party to a confidential marriage may obtain a certified copy of the confidential marriage certificate from the county clerk of the county in...
  • California Family Code Section 510
    (a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage, but before it is returned to the county...
  • California Family Code Section 511
    (a) Except as provided in subdivision (b), the county clerk shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records which shall...
  • California Family Code Section 530
    (a) No notary public shall issue a confidential marriage license pursuant to this part unless the notary public is approved by the county clerk to...
  • California Family Code Section 531
    (a) An application for approval to authorize confidential marriages pursuant to this part shall be submitted to the county clerk in the county in which...
  • California Family Code Section 532
    No approval, or renewal of the approval, shall be granted pursuant to this chapter unless the notary public shows evidence of successful completion of a...
  • California Family Code Section 533
    An approval to issue confidential marriage licenses pursuant to this chapter is valid for one year. The approval may be renewed for additional one-year periods...
  • California Family Code Section 534
    (a) The county clerk shall maintain a list of the notaries public who are approved to issue confidential marriage licenses. The list shall be available...
  • California Family Code Section 535
    (a) If, after an approval to issue confidential marriage licenses is granted pursuant to this chapter, it is discovered that the notary public has engaged...
  • California Family Code Section 536
    (a) The fee for an application for approval to authorize confidential marriages pursuant to this chapter is three hundred dollars ($300). (b) The fee for...
  • California Family Code Section 700
    For the purposes of this division, a leasehold interest in real property is real property, not personal property.
  • California Family Code Section 720
    Husband and wife contract toward each other obligations of mutual respect, fidelity, and support.
  • California Family Code Section 721
    (a) Subject to subdivision (b), either husband or wife may enter into any transaction with the other, or with any other person, respecting property, which...
  • California Family Code Section 750
    A husband and wife may hold property as joint tenants or tenants in common, or as community property, or as community property with a right...
  • California Family Code Section 751
    The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing, and equal interests.
  • California Family Code Section 752
    Except as otherwise provided by statute, neither husband nor wife has any interest in the separate property of the other.
  • California Family Code Section 753
    Notwithstanding Section 752 and except as provided in Article 2 (commencing with Section 2045), Article 3 (commencing with Section 2047), or Article 4 (commencing with...
  • California Family Code Section 754
    If notice of the pendency of a proceeding for dissolution of the marriage, for nullity of the marriage, or for legal separation of the parties...
  • California Family Code Section 755
    (a) The terms "participant," "beneficiary," "employer," "employee organization," "named fiduciary," "fiduciary," and "administrator," as used in subdivision (b), have the same meaning as provided in...
  • California Family Code Section 760
    Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this...
  • California Family Code Section 761
    (a) Unless the trust instrument or the instrument of transfer expressly provides otherwise, community property that is transferred in trust remains community property during the...
  • California Family Code Section 770
    (a) Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2) All property acquired...
  • California Family Code Section 771
    (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and...
  • California Family Code Section 772
    After entry of a judgment of legal separation of the parties, the earnings or accumulations of each party are the separate property of the party...
  • California Family Code Section 780
    Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to...
  • California Family Code Section 781
    (a) Money or other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or...
  • California Family Code Section 782
    (a) Where an injury to a married person is caused in whole or in part by the negligent or wrongful act or omission of the...
  • California Family Code Section 782.5
    In addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse, as punishable pursuant to...
  • California Family Code Section 783
    If a married person is injured by the negligent or wrongful act or omission of a person other than the married person's spouse, the fact...
  • California Family Code Section 802
    The presumption that property acquired during marriage is community property does not apply to any property to which legal or equitable title is held by...
  • California Family Code Section 803
    Notwithstanding any other provision of this part, whenever any real or personal property, or any interest therein or encumbrance thereon, was acquired before January 1,...
  • California Family Code Section 850
    Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following: (a) Transmute...
  • California Family Code Section 851
    A transmutation is subject to the laws governing fraudulent transfers.
  • California Family Code Section 852
    (a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented...
  • California Family Code Section 853
    (a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding...
  • California Family Code Section 900
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part.
  • California Family Code Section 902
    "Debt" means an obligation incurred by a married person before or during marriage, whether based on contract, tort, or otherwise.
  • California Family Code Section 903
    A debt is "incurred" at the following time: (a) In the case of a contract, at the time the contract is made. (b) In the...
  • California Family Code Section 910
    (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless...
  • California Family Code Section 911
    (a) The earnings of a married person during marriage are not liable for a debt incurred by the person's spouse before marriage. After the earnings...
  • California Family Code Section 912
    For the purposes of this part, quasi-community property is liable to the same extent, and shall be treated the same in all other respects, as...
  • California Family Code Section 913
    (a) The separate property of a married person is liable for a debt incurred by the person before or during marriage. (b) Except as otherwise...
  • California Family Code Section 914
    (a) Notwithstanding Section 913, a married person is personally liable for the following debts incurred by the person's spouse during marriage: (1) A debt incurred...
  • California Family Code Section 915
    (a) For the purpose of this part, a child or spousal support obligation of a married person that does not arise out of the marriage...
  • California Family Code Section 916
    (a) Notwithstanding any other provision of this chapter, after division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500): (1) The...
  • California Family Code Section 920
    A right of reimbursement provided by this part is subject to the following provisions: (a) The right arises regardless of which spouse applies the property...
  • California Family Code Section 930
    Except as otherwise provided by statute, this part governs the liability of separate property and property in the community estate and the personal liability of...
  • California Family Code Section 931
    The provisions of this part that govern reimbursement apply to all debts, regardless of whether satisfied before, on, or after January 1, 1985.
  • California Family Code Section 1000
    (a) A married person is not liable for any injury or damage caused by the other spouse except in cases where the married person would...
  • California Family Code Section 1100
    (a) Except as provided in subdivisions (b), (c), and (d) and Sections 761 and 1103, either spouse has the management and control of the community...
  • California Family Code Section 1101
    (a) A spouse has a claim against the other spouse for any breach of the fiduciary duty that results in impairment to the claimant spouse's...
  • California Family Code Section 1102
    (a) Except as provided in Sections 761 and 1103, either spouse has the management and control of the community real property, whether acquired prior to...
  • California Family Code Section 1103
    (a) Where one or both of the spouses either has a conservator of the estate or lacks legal capacity to manage and control community property,...
  • California Family Code Section 1500
    The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement.
  • California Family Code Section 1501
    A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.
  • California Family Code Section 1502
    (a) A premarital agreement or other marital property agreement that is executed and acknowledged or proved in the manner that a grant of real property...
  • California Family Code Section 1503
    Nothing in this chapter affects the validity or effect of premarital agreements made before January 1, 1986, and the validity and effect of those agreements...
  • California Family Code Section 1600
    This chapter may be cited as the Uniform Premarital Agreement Act.
  • California Family Code Section 1601
    This chapter is effective on and after January 1, 1986, and applies to any premarital agreement executed on or after that date.
  • California Family Code Section 1610
    As used in this chapter: (a) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage....
  • California Family Code Section 1611
    A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.
  • California Family Code Section 1612
    (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties...
  • California Family Code Section 1613
    A premarital agreement becomes effective upon marriage.
  • California Family Code Section 1614
    After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation...
  • California Family Code Section 1615
    (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not...
  • California Family Code Section 1616
    If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary...
  • California Family Code Section 1617
    Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties...
  • California Family Code Section 1620
    Except as otherwise provided by law, a husband and wife cannot, by a contract with each other, alter their legal relations, except as to property.
  • California Family Code Section 1800
    This part may be cited as the Family Conciliation Court Law.
  • California Family Code Section 1801
    The purposes of this part are to protect the rights of children and to promote the public welfare by preserving, promoting, and protecting family life...
  • California Family Code Section 1802
    (a) This part applies only in counties in which the superior court determines that the social conditions in the county and the number of domestic...
  • California Family Code Section 1810
    Each superior court shall exercise the jurisdiction conferred by this part. While sitting in the exercise of this jurisdiction, the court shall be known and...
  • California Family Code Section 1811
    The presiding judge of the superior court shall annually, in the month of January, designate at least one judge to hear all cases under this
  • California Family Code Section 1812
    (a) The judge of the family conciliation court may transfer any case before the family conciliation court pursuant to this part to the department of...
  • California Family Code Section 1813
    (a) The presiding judge of the superior court may appoint a judge of the superior court other than the judge of the family conciliation court...
  • California Family Code Section 1814
    (a) In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary...
  • California Family Code Section 1815
    (a) A person employed as a supervising counselor of conciliation or as an associate counselor of conciliation shall have all of the following minimum qualifications:...
  • California Family Code Section 1816
    (a) For purposes of this section, the following definitions apply: (1) "Eligible provider" means the Administrative Office of the Courts or an educational institution, professional...
  • California Family Code Section 1817
    The probation officer in every county shall do all of the following: (a) Give assistance to the family conciliation court that the court may request...
  • California Family Code Section 1818
    (a) All superior court hearings or conferences in proceedings under this part shall be held in private and the court shall exclude all persons except...
  • California Family Code Section 1819
    (a) Except as provided in subdivision (b), upon order of the judge of the family conciliation court, the supervising counselor of conciliation may destroy any...
  • California Family Code Section 1820
    (a) A county may contract with any other county or counties to provide joint family conciliation court services. (b) An agreement between two or more...
  • California Family Code Section 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,...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 1834
    (a) The clerk of the court shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this part. (b)...
  • California Family Code Section 1835
    No fee shall be charged by any officer for filing the petition.
  • California Family Code Section 1836
    (a) The court shall fix a reasonable time and place for hearing on the petition. The court shall cause notice to be given to the...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 1850
    The Judicial Council shall do all of the following: (a) Assist counties in implementing mediation and conciliation proceedings under this code. (b) Establish and implement...
  • California Family Code Section 1851
    The Judicial Council shall establish an advisory committee of persons representing a broad spectrum of interest in and knowledge about family law. The committee shall...
  • California Family Code Section 1852
    (a) There is in the State Treasury the Family Law Trust Fund. (b) Moneys collected by the state pursuant to subdivision (c) of Section 103625...
  • California Family Code Section 2000
    This part applies to a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties.
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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,...
  • California Family Code Section 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,...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2033
    (a) Either party may encumber his or her interest in community real property to pay reasonable attorney's fees in order to retain or maintain legal...
  • California Family Code Section 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...
  • California Family Code Section 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)...
  • California Family Code Section 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...
  • California Family Code 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,...
  • California Family Code 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...
  • California Family Code 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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)...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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,...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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,...
  • California Family Code Section 2081
    The restoration of a former name or birth name requested under Section 2080 shall not be denied (a) on the basis that the party has...
  • California Family Code Section 2082
    Nothing in this code shall be construed to abrogate the common law right of any person to change one's name.
  • California Family Code Section 2090
    This chapter may be cited as the Uniform Divorce Recognition Act.
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2104
    (a) After or concurrently with service of the petition for dissolution or nullity of marriage or legal separation of the parties, each party shall serve...
  • California Family Code Section 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...
  • California Family Code Section 2106
    Except as provided in subdivision (d) of Section 2105 or in Section 2110, absent good cause, no judgment shall be entered with respect to the...
  • California Family Code Section 2107
    (a) If one party fails to serve on the other party a preliminary declaration of disclosure under Section 2104 or a final declaration of disclosure...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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.
  • California Family Code Section 2112
    The Judicial Council shall adopt appropriate forms and modify existing forms to effectuate the purposes of this chapter.
  • California Family Code Section 2113
    This chapter applies to any proceeding commenced on or after January 1, 1993.
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2129
    This chapter applies to judgments entered on or after January 1, 1993.
  • California Family Code Section 2200
    Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood,...
  • California Family Code Section 2201
    (a) A subsequent marriage contracted by a person during the life of a former husband or wife of the person, with a person other than...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2250
    (a) A proceeding based on void or voidable marriage is commenced by filing a petition entitled "In re the marriage of ____ and ____" which...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2253
    In a proceeding under this part, custody of the children shall be determined according to Division 8 (commencing with Section 3000).
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code 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.
  • California Family Code Section 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)...
  • California Family Code Section 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...
  • California Family Code Section 2312
    A marriage may be dissolved on the grounds of incurable insanity only upon proof, including competent medical or psychiatric testimony, that the insane spouse was...
  • California Family Code Section 2313
    No dissolution of marriage granted on the ground of incurable insanity relieves a spouse from any obligation imposed by law as a result of the...
  • California Family Code Section 2320
    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...
  • California Family Code Section 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...
  • California Family Code Section 2322
    For the purpose of a proceeding for dissolution of marriage, the husband and wife each may have a separate domicile or residence depending upon proof...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2332
    (a) If the petition for dissolution of the marriage is based on the ground of incurable insanity and the insane spouse has a guardian or...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code 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...
  • California Family Code Section 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....
  • California Family Code Section 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...
  • California Family Code Section 2403
    When six months have expired from the date of the filing of the joint petition for summary dissolution, the court may, upon application of either...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 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,...
  • California Family Code Section 2450
    (a) The purpose of case management is to provide judicial assistance and management to the parties in actions for dissolution of marriage for the purpose...
  • California Family Code Section 2451
    A court-ordered case management plan, as stipulated by the parties, may include all of the following: (a) Early neutral case evaluation. (b) Alternative dispute resolution....
  • California Family Code Section 2452
    The Judicial Council may, by rule, modify the procedures set forth in this chapter.
  • California Family Code Section 2500
    Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.
  • California Family Code Section 2502
    "Separate property" does not include quasi-community property.
  • California Family Code Section 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,...
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2553
    The court may make any orders the court considers necessary to carry out the purposes of this division.
  • California Family Code Section 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...
  • California Family Code Section 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...
  • California Family Code Section 2556
    In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award...
  • California Family Code Section 2580
    The Legislature hereby finds and declares as follows: (a) It is the public policy of this state to provide uniformly and consistently for the standard...
  • California Family Code Section 2581
    For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in...
  • California Family Code Section 2600
    Notwithstanding Sections 2550 to 2552, inclusive, the court may divide the community estate as provided in this part.
  • California Family Code Section 2601
    Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper...
  • California Family Code Section 2602
    As an additional award or offset against existing property, the court may award, from a party's share, the amount the court determines to have been...
  • California Family Code Section 2603
    (a) "Community estate personal injury damages" as used in this section means all money or other property received or to be received by a person...
  • California Family Code Section 2603.5
    The court may, if there is a judgment for civil damages for an act of domestic violence perpetrated by one spouse against the other spouse,...
  • California Family Code Section 2604
    If the net value of the community estate is less than five thousand dollars ($5,000) and one party cannot be located through the exercise of...
  • California Family Code Section 2610
    (a) Except as provided in subdivision (b), the court shall make whatever orders are necessary or appropriate to ensure that each party receives the party's...
  • California Family Code Section 2620
    The debts for which the community estate is liable which are unpaid at the time of trial, or for which the community estate becomes liable...
  • California Family Code Section 2621
    Debts incurred by either spouse before the date of marriage shall be confirmed without offset to the spouse who incurred the debt.
  • California Family Code Section 2622
    (a) Except as provided in subdivision (b), debts incurred by either spouse after the date of marriage but before the date of separation shall be...
  • California Family Code Section 2623
    Debts incurred by either spouse after the date of separation but before entry of a judgment of dissolution of marriage or legal separation of the...
  • California Family Code Section 2624
    Debts incurred by either spouse after entry of a judgment of dissolution of marriage but before termination of the parties' marital status or after entry...
  • California Family Code Section 2625
    Notwithstanding Sections 2620 to 2624, inclusive, all separate debts, including those debts incurred by a spouse during marriage and before the date of separation that...
  • California Family Code Section 2626
    The court has jurisdiction to order reimbursement in cases it deems appropriate for debts paid after separation but before trial.
  • California Family Code Section 2627
    Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, educational loans shall be assigned pursuant to Section 2641 and liabilities subject to...
  • California Family Code Section 2628
    Notwithstanding Sections 2550 to 2552, inclusive, and Sections 2620 to 2624, inclusive, joint California income tax liabilities may be revised by a court in a...
  • California Family Code Section 2640
    (a) "Contributions to the acquisition of property," as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a...
  • California Family Code Section 2641
    (a) "Community contributions to education or training" as used in this section means payments made with community or quasi-community property for education or training or...
  • California Family Code Section 2650
    In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests...
  • California Family Code Section 2660
    (a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible,...
  • California Family Code Section 3000
    Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  • California Family Code Section 3002
    "Joint custody" means joint physical custody and joint legal custody.
  • California Family Code Section 3003
    "Joint legal custody" means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare...
  • California Family Code Section 3004
    "Joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents...
  • California Family Code Section 3006
    "Sole legal custody" means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare...
  • California Family Code Section 3007
    "Sole physical custody" means that a child shall reside with and be under the supervision of one parent, subject to the power of the court...
  • California Family Code Section 3010
    (a) The mother of an unemancipated minor child and the father, if presumed to be the father under Section 7611, are equally entitled to the...
  • California Family Code Section 3011
    In making a determination of the best interest of the child in a proceeding described in Section 3021, the court shall, among any other factors...
  • California Family Code Section 3020
    (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children...
  • California Family Code Section 3021
    This part applies in any of the following: (a) A proceeding for dissolution of marriage. (b) A proceeding for nullity of marriage. (c) A proceeding...
  • California Family Code Section 3022
    The court may, during the pendency of a proceeding or at any time thereafter, make an order for the custody of a child during minority...
  • California Family Code Section 3022.3
    Upon the trial of a question of fact in a proceeding to determine the custody of a minor child, the court shall, upon the request...
  • California Family Code Section 3022.5
    A motion by a parent for reconsideration of an existing child custody order shall be granted if the motion is based on the fact that...
  • California Family Code Section 3023
    (a) If custody of a minor child is the sole contested issue, the case shall be given preference over other civil cases, except matters to...
  • California Family Code Section 3024
    In making an order for custody, if the court does not consider it inappropriate, the court may specify that a parent shall notify the other...
  • California Family Code Section 3025
    Notwithstanding any other provision of law, access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school...
  • California Family Code Section 3025.5
    In any proceeding involving child custody or visitation rights, if a report containing psychological evaluations of a child or recommendations regarding custody of, or visitation...
  • California Family Code Section 3026
    Family reunification services shall not be ordered as a part of a child custody or visitation rights proceeding. Nothing in this section affects the applicability...
  • California Family Code Section 3027
    (a) If allegations of child sexual abuse are made during a child custody proceeding and the court has concerns regarding the child's safety, the court...
  • California Family Code Section 3027.1
    (a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse...
  • California Family Code Section 3027.5
    (a) No parent shall be placed on supervised visitation, or be denied custody of or visitation with his or her child, and no custody or...
  • California Family Code Section 3028
    (a) The court may order financial compensation for periods when a parent fails to assume the caretaker responsibility or when a parent has been thwarted...
  • California Family Code Section 3029
    An order granting custody to a parent who is receiving, or in the opinion of the court is likely to receive, assistance pursuant to the...
  • California Family Code Section 3030
    (a) (1) No person shall be granted physical or legal custody of, or unsupervised visitation with, a child if the person is required to be...
  • California Family Code Section 3030.5
    (a) Upon the motion of one or both parents, or the legal guardian or custodian, or upon the court's own motion, an order granting physical...
  • California Family Code Section 3031
    (a) Where the court considers the issue of custody or visitation the court is encouraged to make a reasonable effort to ascertain whether or not...
  • California Family Code Section 3032
    (a) The Judicial Council shall establish a state-funded one-year pilot project beginning July 1, 1999, in at least two counties, including Los Angeles County, pursuant...
  • California Family Code Section 3040
    (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and...
  • California Family Code Section 3041
    (a) Before making an order granting custody to a person or persons other than a parent, over the objection of a parent, the court shall...
  • California Family Code Section 3041.5
    (a) In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code,...
  • California Family Code Section 3042
    (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall...
  • California Family Code Section 3043
    In determining the person or persons to whom custody should be granted under paragraph (2) or (3) of subdivision (a) of Section 3040, the court...
  • California Family Code Section 3044
    (a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody...
  • California Family Code Section 3046
    (a) If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in...
  • California Family Code Section 3047
    A party's absence, relocation, or failure to comply with custody and visitation orders shall not, by itself, be sufficient to justify a modification of a...
  • California Family Code Section 3048
    (a) Notwithstanding any other provision of law, in any proceeding to determine child custody or visitation with a child, every custody or visitation order shall...
  • California Family Code Section 3060
    A petition for a temporary custody order, containing the statement required by Section 3409, may be included with the initial filing of the petition or...
  • California Family Code Section 3061
    If the parties have agreed to or reached an understanding on the custody or temporary custody of their children, a copy of the agreement or...
  • California Family Code Section 3062
    (a) In the absence of an agreement, understanding, or stipulation, the court may, if jurisdiction is appropriate, enter an ex parte temporary custody order, set...
  • California Family Code Section 3063
    In conjunction with any ex parte order seeking or modifying an order of custody, the court shall enter an order restraining the person receiving custody...
  • California Family Code Section 3064
    The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing...
  • California Family Code Section 3080
    There is a presumption, affecting the burden of proof, that joint custody is in the best interest of a minor child, subject to Section 3011,...
  • California Family Code Section 3081
    On application of either parent, joint custody may be ordered in the discretion of the court in cases other than those described in Section 3080,...
  • California Family Code Section 3082
    When a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons...
  • California Family Code Section 3083
    In making an order of joint legal custody, the court shall specify the circumstances under which the consent of both parents is required to be...
  • California Family Code Section 3084
    In making an order of joint physical custody, the court shall specify the rights of each parent to physical control of the child in sufficient...
  • California Family Code Section 3085
    In making an order for custody with respect to both parents, the court may grant joint legal custody without granting joint physical custody.
  • California Family Code Section 3086
    In making an order of joint physical custody or joint legal custody, the court may specify one parent as the primary caretaker of the child...
  • California Family Code Section 3087
    An order for joint custody may be modified or terminated upon the petition of one or both parents or on the court's own motion if...
  • California Family Code Section 3088
    An order for the custody of a minor child entered by a court in this state or any other state may, subject to the jurisdictional...
  • California Family Code Section 3089
    In counties having a conciliation court, the court or the parties may, at any time, pursuant to local rules of court, consult with the conciliation...
  • California Family Code Section 3100
    (a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent unless it...
  • California Family Code Section 3101
    (a) Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be...
  • California Family Code Section 3102
    (a) If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable...
  • California Family Code Section 3103
    (a) Notwithstanding any other provision of law, in a proceeding described in Section 3021, the court may grant reasonable visitation to a grandparent of a...
  • California Family Code Section 3104
    (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the...
  • California Family Code Section 3105
    (a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of his or her children,...
  • California Family Code Section 3110
    As used in this chapter, "court-appointed investigator" means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation...
  • California Family Code Section 3110.5
    (a) No person may be a court-connected or private child custody evaluator under this chapter unless the person has completed the domestic violence and child...
  • California Family Code Section 3111
    (a) In any contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation...
  • California Family Code Section 3112
    (a) Where a court-appointed investigator is directed by the court to conduct a custody investigation or evaluation pursuant to this chapter or to undertake visitation...
  • California Family Code Section 3113
    Where there has been a history of domestic violence between the parties, or where a protective order as defined in Section 6218 is in effect,...
  • California Family Code Section 3114
    Nothing in this chapter prohibits a court-appointed investigator from recommending to the court that counsel be appointed pursuant to Chapter 10 (commencing with Section 3150)...
  • California Family Code Section 3115
    No statement, whether written or oral, or conduct shall be held to constitute a waiver by a party of the right to cross-examine the court-appointed...
  • California Family Code Section 3116
    Nothing in this chapter limits the duty of a court-appointed investigator to assist the appointing court in the transaction of the business of the court.
  • California Family Code Section 3117
    The Judicial Council shall, by January 1, 1999, do both of the following: (a) Adopt standards for full and partial court-connected evaluations, investigations, and assessments...
  • California Family Code Section 3118
    (a) In any contested proceeding involving child custody or visitation rights, where the court has appointed a child custody evaluator or has referred a case...
  • California Family Code Section 3120
    Without filing a petition for dissolution of marriage or legal separation of the parties, the husband or wife may bring an action for the exclusive...
  • California Family Code Section 3121
    (a) In any proceeding pursuant to Section 3120, and in any proceeding subsequent to entry of a related judgment, the court shall ensure that each...
  • California Family Code Section 3130
    If a petition to determine custody of a child has been filed in a court of competent jurisdiction, or if a temporary order pending determination...
  • California Family Code Section 3131
    If a custody or visitation order has been entered by a court of competent jurisdiction and the child is taken or detained by another person...
  • California Family Code Section 3132
    In performing the functions described in Sections 3130 and 3131, the district attorney shall act on behalf of the court and shall not represent any...
  • California Family Code Section 3133
    If the district attorney represents to the court, by a written declaration under penalty of perjury, that a temporary custody order is needed to recover...
  • California Family Code Section 3134
    (a) When the district attorney incurs expenses pursuant to this chapter, including expenses incurred in a sister state, payment of the expenses may be advanced...
  • California Family Code Section 3134.5
    (a) Upon request of the district attorney, the court may issue a protective custody warrant to secure the recovery of an unlawfully detained or concealed...
  • California Family Code Section 3135
    Part 3 (commencing with Section 3400) does not limit the authority of a district attorney or arresting agency to act pursuant to this chapter, Section...
  • California Family Code Section 3140
    (a) Subject to subdivisions (b) and (c), before granting or modifying a custody order in a case in which one or both parents of the...
  • California Family Code Section 3150
    (a) If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent...
  • California Family Code Section 3151
    (a) The child's counsel appointed under this chapter is charged with the representation of the child's best interests. The role of the child's counsel is...
  • California Family Code Section 3151.5
    If a child is represented by court appointed counsel, at every hearing in which the court makes a judicial determination regarding custody or visitation the...
  • California Family Code Section 3152
    (a) The child's counsel may, upon noticed motion to all parties and the local child protective services agency, request the court to authorize release of...
  • California Family Code Section 3153
    (a) If the court appoints counsel under this chapter to represent the child, counsel shall receive a reasonable sum for compensation and expenses, the amount...
  • California Family Code Section 3160
    Each superior court shall make a mediator available. The court is not required to institute a family conciliation court in order to provide mediation services.
  • California Family Code Section 3161
    The purposes of a mediation proceeding are as follows: (a) To reduce acrimony that may exist between the parties. (b) To develop an agreement assuring...
  • California Family Code Section 3162
    (a) Mediation of cases involving custody and visitation concerning children shall be governed by uniform standards of practice adopted by the Judicial Council. (b) The...
  • California Family Code Section 3163
    Courts shall develop local rules to respond to requests for a change of mediators or to general problems relating to mediation.
  • California Family Code Section 3164
    (a) The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may...
  • California Family Code Section 3165
    Any person, regardless of administrative title, hired on or after January 1, 1998, who is responsible for clinical supervision of evaluators, investigators, or mediators or...
  • California Family Code Section 3170
    (a) If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation...
  • California Family Code Section 3171
    (a) If a stepparent or grandparent has petitioned, or otherwise applied, for a visitation order pursuant to Chapter 5 (commencing with Section 3100), the court...
  • California Family Code Section 3172
    Mediation shall not be denied to the parties on the basis that paternity is at issue in a proceeding before the court.
  • California Family Code Section 3173
    (a) Upon the adoption of a resolution by the board of supervisors authorizing the procedure, a petition may be filed pursuant to this chapter for...
  • California Family Code Section 3175
    If a matter is set for mediation pursuant to this chapter, the mediation shall be set before or concurrent with the setting of the matter...
  • California Family Code Section 3176
    (a) Notice of mediation and of any hearing to be held pursuant to this chapter shall be given to the following persons: (1) Where mediation...
  • California Family Code Section 3177
    Mediation proceedings pursuant to this chapter shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the...
  • California Family Code Section 3178
    An agreement reached by the parties as a result of mediation shall be limited as follows: (a) Where mediation is required to settle a contested...
  • California Family Code Section 3179
    A custody or visitation agreement reached as a result of mediation may be modified at any time at the discretion of the court, subject to...
  • California Family Code Section 3180
    (a) In mediation proceedings pursuant to this chapter, the mediator has the duty to assess the needs and interests of the child involved in the...
  • California Family Code Section 3181
    (a) In a proceeding in which mediation is required pursuant to this chapter, where there has been a history of domestic violence between the parties...
  • California Family Code Section 3182
    (a) The mediator has authority to exclude counsel from participation in the mediation proceedings pursuant to this chapter if, in the mediator's discretion, exclusion of...
  • California Family Code Section 3183
    (a) Except as provided in Section 3188, the mediator may, consistent with local court rules, submit a recommendation to the court as to the custody...
  • California Family Code Section 3184
    Except as provided in Section 3188, nothing in this chapter prohibits the mediator from recommending to the court that counsel be appointed, pursuant to Chapter...
  • California Family Code Section 3185
    (a) If issues that may be resolved by agreement pursuant to Section 3178 are not resolved by an agreement of all the parties who participate...
  • California Family Code Section 3186
    (a) An agreement reached by the parties as a result of mediation shall be reported to counsel for the parties by the mediator on the...
  • California Family Code Section 3188
    (a) Any court selected by the Judicial Council under subdivision (c) may voluntarily adopt a confidential mediation program that provides for all of the following:...
  • California Family Code Section 3190
    (a) The court may require parents or any other party involved in a custody or visitation dispute, and the minor child, to participate in outpatient...
  • California Family Code Section 3191
    The counseling pursuant to this chapter shall be specifically designed to facilitate communication between the parties regarding their minor child's best interest, to reduce conflict...
  • California Family Code Section 3192
    In a proceeding in which counseling is ordered pursuant to this chapter, where there has been a history of abuse by either parent against the...
  • California Family Code Section 3200
    The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes of the...
  • California Family Code Section 3201
    Any supervised visitation maintained or imposed by the court shall be administered in accordance with Section 26.2 of the California Standards of Judicial Administration recommended...
  • California Family Code Section 3201
    (a) The programs described in this chapter shall be administered by the family law division of the superior court in the county. (b) For purposes...
  • California Family Code Section 3202
    (a) All supervised visitation and exchange programs funded pursuant to this chapter shall comply with all requirements of the Uniform Standards of Practice for Providers...
  • California Family Code Section 3203
    Subject to the availability of federal funding for the purposes of this chapter, the family law division of the superior court in each county may...
  • California Family Code Section 3204
    (a) The Judicial Council shall annually submit an application to the federal Administration for Children and Families, pursuant to Section 669B of the "1996 Federal...
  • California Family Code Section 3400
    This part may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
  • California Family Code Section 3402
    As used in this part: (a) "Abandoned" means left without provision for reasonable and necessary care or supervision. (b) "Child" means an individual who has...
  • California Family Code Section 3403
    This part does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
  • California Family Code Section 3404
    (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.)...
  • California Family Code Section 3405
    (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of...
  • California Family Code Section 3406
    A child custody determination made by a court of this state that had jurisdiction under this part binds all persons who have been served in...
  • California Family Code Section 3407
    If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a...
  • California Family Code Section 3408
    (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law...
  • California Family Code Section 3409
    (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a...
  • California Family Code Section 3410
    (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (b) The court may...
  • California Family Code Section 3411
    (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located...
  • California Family Code Section 3412
    (a) A court of this state may request the appropriate court of another state to do all of the following: (1) Hold an evidentiary hearing....
  • California Family Code Section 3421
    (a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any...
  • California Family Code Section 3422
    (a) Except as otherwise provided in Section 3424, a court of this state that has made a child custody determination consistent with Section 3421 or...
  • California Family Code Section 3423
    Except as otherwise provided in Section 3424, a court of this state may not modify a child custody determination made by a court of another...
  • California Family Code Section 3424
    (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or...
  • California Family Code Section 3425