Jurisdiction - General Provisions - Family Law - CA

Section § 2010

This law outlines what a court in California can decide on when handling cases of divorce, legal separation, or annulment. The court can make decisions about the end status of the marriage, who gets custody of any children, child support, spousal support, dividing the couple's property, and who pays for legal fees.

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 and render any judgment and make orders that are appropriate concerning the following:

(a) The status of the marriage, including any marriage under subdivision (c) of Section 308.

(b) The custody of minor children of the marriage.

(c) The support of children for whom support may be ordered, including children born after the filing of the initial petition or the final decree of dissolution.

(d) The support of either party.

(e) The settlement of the property rights of the parties.

(f) The award of attorney’s fees and costs.

dissolution of marriage nullity of marriage legal separation ...

Section § 2011

This section says that if one spouse is served with summons through a specific legal method because they can't be found in person (under Section 415.50), the court in California can still deal with that spouse’s property within the state. This includes both property that they gained together during the marriage (community property) and property treated as such, even if it was acquired out of state (quasi-community property), just as if the spouse had been personally served while inside California.

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 attachment or the appointment of a receiver, shall have and may exercise the same jurisdiction over:

(a) The community real property of the spouse so served situated in this state as it has or may exercise over the community real property of a spouse who is personally served with process within this state.

(b) The quasi-community real property of the spouse so served situated in this state as it has or may exercise over the quasi-community real property of a spouse who is personally served with process within this state.

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Section § 2012

This law explains that if someone is challenging the court's right to hear a case (by filing a certain type of motion), they can still show up in court to oppose temporary orders without it counting as fully participating in the case. The challenge is considered active from when the motion is notified and filed until a certain time period lapses, or the challenge is resolved.

(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 an order made during the pendency of the proceeding and the appearance shall not be deemed a general appearance by the respondent.

(b) As used in this section, a motion pursuant to Section 418.10 of the Code of Civil Procedure is pending from the time notice of motion is served and filed until the time within which to petition for a writ of mandate has expired or, if a petition is made, until the time final judgment in the mandate proceeding is entered.

motion to quash Section 418.10 Code of Civil Procedure ...

Section § 2013

This section allows parties in a family law case to use a collaborative law process to resolve their issues without going to court. The collaborative law process involves both parties and any professionals they hire agreeing in writing to try their best to settle their disputes amicably. It's all about working together in good faith to find a mutually agreeable solution.

(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 this code over which the court is granted jurisdiction pursuant to Section 2000.

(b) “Collaborative law process” means the process in which the parties and any professionals engaged by the parties to assist them agree in writing to use their best efforts and to make a good faith attempt to resolve disputes related to the family law matters as referenced in subdivision (a) on an agreed basis without resorting to adversary judicial intervention.

collaborative law process written agreement family law disputes ...