Title FAM, California Fam. Code

No fee shall be charged by any officer for filing the petition. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(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 respondents of the filing of the petition and of the time and place of the hearing that the court deems necessary. (b) The court may, when it deems it …

(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 any time and place within the county, and the hearing may be had in chambers or otherwise. (b) The time and place for hearing …

(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 adjustment or settlement of the issues in controversy. (b) To facilitate and promote the purposes of this part, the court may, with th…

(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 of the controversy that the court deems necessary to preserve the marriage or to implement the reconciliation of the spouses. No such order shall be e…

(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 conciliation, neither spouse shall file a petition for dissolution of marriage, for nullity of a voidable marriage, or for legal separ…

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 at any time during the pendency of the proceeding to the family conciliation court for proceedings for reconciliation of the spouses or…

(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 for dissolution of marriage, for nullity of a voidable marriage, or for legal separation of the parties, but there is…

The Superior Court of the County of Santa Clara may conduct a pilot project pursuant to this chapter. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)

The pilot project applies to all hearings, for temporary or permanent child or spousal support, modifications thereof, health insurance, custody, or visitation in a proceeding for dissolution of marriage, nullity of marriage, legal separation of the parties, exclusive custody, or…

(a) Each and every hearing in a proceeding described in Section 20031 in which child or spousal support is at issue, including related contempt matters, shall be set by the clerk of the court for hearing within 30 days of filing. (b) At any hearing in which child or spousal suppo…

The court may pass a local rule that suspends the use of the Income and Expense Declaration mandated by California Rule of Court 1285.50 in some or all proceedings during the pendency of the pilot project, provided that substitute forms are developed and adopted to solicit substa…

(a) An attorney, known as an Attorney-Mediator, shall be hired to assist the court in resolving child and spousal support disputes, to develop community outreach programs, and to undertake other duties as assigned by the court. (b) The Attorney-Mediator shall be an attorney, lice…

Orders for temporary support issued pursuant to this chapter shall comply with the statewide uniform guideline set forth in Article 2 (commencing with Section 4050) of Chapter 2 of Part 2 of Division 9 and shall be based on the economic evidence supplied by the parties or otherwi…

Upon motion by either party or on the court’s own motion, any proceeding that would otherwise fall within this pilot project may by judicial order be exempted from its requirements. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)

(a) Except as provided in subdivision (c): (1) Nothing in this chapter shall be construed to apply to a child for whom services are provided or required to be provided by a district attorney pursuant to Section 11475.1 of the Welfare and Institutions Code. (2) The court shall not…

(a) In any case where either party has filed a motion regarding a custody or visitation dispute and has not yet scheduled an appointment for the mediation orientation class by the time of the hearing on the order to show cause, the court shall order all parties to go to Family Co…

The court may elect to publish a low-cost booklet describing the program. (Added by Stats. 1993, Ch. 219, Sec. 210. Effective January 1, 1994.)

The court shall centralize, augment, and coordinate all presently existing programs under the court’s supervision that relate to children, including, but not limited to, mental health special masters, appointment of attorneys for children, supervised visitation, and other support…

(a) It is estimated for Santa Clara County’s participation in the pilot project authorized by this chapter, that 4,000 litigants will be served annually, and that the following savings will occur: (1) With an estimated 20 percent reduction in the use of court time over the curren…

A responsive pleading, if any, shall be filed and a copy served on the petitioner within 30 days of the date of the service on the respondent of a copy of the petition and summons. (Amended by Stats. 1998, Ch. 581, Sec. 4. Effective January 1, 1999.)

(a) Subject to subdivision (b), the court may order that a person who claims an interest in the proceeding be joined as a party to the proceeding in accordance with rules adopted by the Judicial Council pursuant to Section 211. (b) An employee benefit plan may be joined as a part…

(a) Evidence collected by eavesdropping in violation of Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code is inadmissible. (b) If it appears that a violation described in subdivision (a) exists, the court may refer the matter to the proper authorit…

(a) On a determination that payment of an obligation of a party would benefit either party or a child for whom support may be ordered, the court may order one of the parties to pay the obligation, or a portion thereof, directly to the creditor. (b) The creditor has no right to en…

(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, shall contain the following notice: “Dissolution or annulment of your marriage may automatically cancel your spouse’s righ…

(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 material filed with the court pursuant to a petition for dissolution of marriage, nullity of marriage, or legal …

(a) Upon request by a party to a petition for dissolution of marriage, nullity of marriage, or legal separation, the court shall order a pleading that lists the parties’ financial assets and liabilities and provides the location or identifying information about those assets and l…

On and after January 1, 2014, upon the filing of a petition for dissolution of marriage, nullity of marriage, or legal separation, the court shall provide to the petitioner and the respondent a notice informing them that they may be eligible for reduced-cost coverage through the …

Notwithstanding any other provision of law, if the court has ordered an issue or issues bifurcated for separate trial or hearing in advance of the disposition of the entire case, a court of appeal may order an issue or issues transferred to it for hearing and decision when the co…

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 existing court order. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

(a) A proceeding based on void or voidable marriage is commenced by filing a petition entitled “In re the marriage of ____ and ____” which shall state that it is a petition for a judgment of nullity of the marriage. (b) A copy of the petition together with a copy of a summons in …

(a) If a determination is made that a marriage is void or voidable and the court finds that either party or both parties believed in good faith that the marriage was valid, the court shall: (1) Declare the party or parties, who believed in good faith that the marriage was valid, …

The property divided pursuant to Section 2251 is liable for debts of the parties to the same extent as if the property had been community property or quasi-community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

In a proceeding under this part, custody of the children shall be determined according to Division 8 (commencing with Section 3000). (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

The court may, during the pendency of a proceeding for nullity of marriage or upon judgment of nullity of marriage, order a party to pay for the support of the other party in the same manner as if the marriage had not been void or voidable if the party for whose benefit the order…

The court may grant attorney’s fees and costs in accordance with Chapter 3.5 (commencing with Section 2030) of Part 1 in proceedings to have the marriage adjudged void and in those proceedings based upon voidable marriage in which the party applying for attorney’s fees and costs …

(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the fi…

(a) In a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the residence requirements of Section 2320, either party may, upon complying with the residence requirements, amend the party’s petition or …

For the purpose of a proceeding for dissolution of marriage, each spouse may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions. (Amended by Stats. 2014, Ch. 82, Sec. 27. (SB 1306) Effective January 1, 2015.)

A petition for a temporary custody order, containing the statement required by Section 3429, may be included with the initial filing of the petition or action or may be filed at any time after the initial filing. (Amended by Stats. 2019, Ch. 497, Sec. 110. (AB 991) Effective Janu…

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 an affidavit as to their understanding shall be attached to the petition or action. As promptly as possible after this filing, the court sha…

(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 a hearing date within 20 days, and issue an order to show cause on the responding party. If the responding party does n…

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 from removing the child from the state pending notice and a hearing on the order seeking or modifying custody. (Enacted by Stat…

(a) 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 of immediate harm to the child or immediate risk that the child will be removed from the State of California. (b) (1) “Immediate harm to the…

In this chapter: (a) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (b) “Respondent” means a person against whom …

Under this chapter, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. (Added by Stats. 1999, Ch. 867, Sec. 3. Effective January 1,…