Section 2336 Of Chapter 4. General Procedural Provisions From California Family Law Code >> Division 6. >> Part 3. >> Chapter 4.
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. (a) No judgment of dissolution or of legal separation of the
parties may be granted upon the default of one of the parties or upon
a statement or finding of fact made by a referee; but the court
shall, in addition to the statement or finding of the referee,
require proof of the grounds alleged, and the proof, if not taken
before the court, shall be by affidavit. In all cases where there are
minor children of the parties, each affidavit or offer of proof
shall include an estimate by the declarant or affiant of the monthly
gross income of each party. If the declarant or affiant has no
knowledge of the estimated monthly income of a party, the declarant
or affiant shall state why he or she has no knowledge. In all cases
where there is a community estate, each affidavit or offer of proof
shall include an estimate of the value of the assets and the debts
the declarant or affiant proposes to be distributed to each party,
unless the declarant or affiant has filed, or concurrently files, a
complete and accurate property declaration with the court.
(b) If the proof is by affidavit, the personal appearance of the
affiant is required only when it appears to the court that any of the
following circumstances exist:
(1) Reconciliation of the parties is reasonably possible.
(2) A proposed child custody order is not in the best interest of
the child.
(3) A proposed child support order is less than a noncustodial
parent is capable of paying.
(4) A personal appearance of a party or interested person would be
in the best interests of justice.
(c) An affidavit submitted pursuant to this section shall contain
a stipulation by the affiant that the affiant understands that proof
will be by affidavit and that the affiant will not appear before the
court unless so ordered by the court.