Chapter 3. Procedural Provisions of California Family Law Code >> Division 6. >> Part 1. >> Chapter 3.
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.
(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 party only in
accordance with Chapter 6 (commencing with Section 2060).
(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 authority for
investigation and prosecution.
(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 enforce the order made under this
section, nor are the creditor's rights affected by the determination
made under this section.
(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 rights under your will, trust, retirement
benefit plan, power of attorney, pay on death bank account, transfer
on death vehicle registration, survivorship rights to any property
owned in joint tenancy, and any other similar thing. It does not
automatically cancel your spouse's rights as beneficiary of your life
insurance policy. If these are not the results that you want, you
must change your will, trust, account agreement, or other similar
document to reflect your actual wishes.
Dissolution or annulment of your marriage may also automatically
cancel your rights under your spouse's will, trust, retirement
benefit plan, power of attorney, pay on death bank account, transfer
on death vehicle registration, and survivorship rights to any
property owned in joint tenancy, and any other similar thing. It does
not automatically cancel your rights as beneficiary of your spouse's
life insurance policy.
You should review these matters, as well as any credit cards,
other credit accounts, insurance policies, retirement benefit plans,
and credit reports to determine whether they should be changed or
whether you should take any other actions in view of the dissolution
or annulment of your marriage, or your legal separation. However,
some changes may require the agreement of your spouse or a court
order (see Part 3 (commencing with Section 231) of Division 2 of the
Family Code)."
(b) A judgment for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties shall contain the
following notice:
"Dissolution or annulment of your marriage may automatically
cancel your spouse's rights under your will, trust, retirement
benefit plan, power of attorney, pay on death bank account, transfer
on death vehicle registration, survivorship rights to any property
owned in joint tenancy, and any other similar thing. It does not
automatically cancel your spouse's rights as beneficiary of your life
insurance policy. If these are not the results that you want, you
must change your will, trust, account agreement, or other similar
document to reflect your actual wishes.
Dissolution or annulment of your marriage may also automatically
cancel your rights under your spouse's will, trust, retirement
benefit plan, power of attorney, pay on death bank account, transfer
on death vehicle registration, survivorship rights to any property
owned in joint tenancy, and any other similar thing. It does not
automatically cancel your rights as beneficiary of your spouse's life
insurance policy.
You should review these matters, as well as any credit cards,
other credit accounts, insurance policies, retirement benefit plans,
and credit reports to determine whether they should be changed or
whether you should take any other actions in view of the dissolution
or annulment of your marriage, or your legal separation."
(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 separation. The Judicial Council form used to
file such a petition, or a response to such a petition, shall contain
a notice that the parties may redact any social security numbers
from those pleadings, attachments, documents, or other material filed
with the court.
(b) An abstract of support judgment, the form required pursuant to
subdivision (b) of Section 4014, or any similar form created for the
purpose of collecting child or spousal support payments may not be
redacted pursuant to subdivision (a).
(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 liabilities sealed. The request may be made by
ex parte application. Nothing sealed pursuant to this section may be
unsealed except upon petition to the court and good cause shown.
(b) Commencing not later than July 1, 2005, the Judicial Council
form used to declare assets and liabilities of the parties in a
proceeding for dissolution of marriage, nullity of marriage, or legal
separation of the parties shall require the party filing the form to
state whether the declaration contains identifying information on
the assets and liabilities listed therein. If the party making the
request uses a pleading other than the Judicial Council form, the
pleading shall exhibit a notice on the front page, in bold capital
letters, that the pleading lists and identifies financial information
and is therefore subject to this section.
(c) For purposes of this section, "pleading" means a document that
sets forth or declares the parties' assets and liabilities, income
and expenses, a marital settlement agreement that lists and
identifies the parties' assets and liabilities, or any document filed
with the court incidental to the declaration or agreement that lists
and identifies financial information.
(d) The party making the request to seal a pleading pursuant to
subdivision (a) shall serve a copy of the pleading on the other party
to the proceeding and file a proof of service with the request to
seal the pleading.
(e) Nothing in this section precludes a party to a proceeding
described in this section from using any document or information
contained in a sealed pleading in any manner that is not otherwise
prohibited by law.
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 him or her that he or she may be
eligible for reduced-cost coverage through the California Health
Benefit Exchange established under Title 22 (commencing with Section
100500) of the Government Code or no-cost coverage through Medi-Cal.
The notice shall include information on obtaining coverage pursuant
to those programs, and shall be developed by the California Health
Benefit Exchange.
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 court that heard the issue or issues certifies that
the appeal is appropriate. Certification by the court shall be in
accordance with rules promulgated by the Judicial Council.
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.