General ProvisionsProcedural Provisions
Section § 2020
Once someone is served with a petition and summons, they have 30 days to file a response and serve a copy back to the person who filed the petition.
Section § 2021
This law allows the court to add someone who has a stake in a case as a party to that case. However, if the person or entity involved is an employee benefit plan, they can only be added as a party by following specific rules outlined starting in Section 2060.
Section § 2022
If evidence is gathered through illegal eavesdropping, it cannot be used in court. If the court suspects that illegal eavesdropping has occurred, it can send the case to the authorities for further investigation and possible legal action.
Section § 2023
This section allows a court to decide that one party should pay a debt if it benefits the other party or a child who might receive support. However, the creditor can't enforce this court order or have their rights changed by it.
Section § 2024
This section explains that when you file for or receive a divorce, annulment, or legal separation, it might automatically revoke certain rights your spouse has regarding your will, trust, retirement accounts, and joint property. However, the rights as a life insurance beneficiary remain unless you change it. If you want to ensure your spouse retains certain rights or loses others, you'll need to update these documents accordingly. Additionally, reviewing credit cards, insurance policies, and account agreements is recommended, but some changes might require your spouse’s consent or a court order.
Section § 2024.5
If you're filing for divorce, annulment, or legal separation in California, you can remove social security numbers from court documents, except when it comes to forms used for collecting child or spousal support. The forms provided must inform you about this right to redact your information.
Section § 2024.6
If you're involved in a divorce, annulment, or legal separation and you want to keep financial details private, you can ask the court to seal documents listing your assets and debts. This request is called an 'ex parte' application, meaning you don't need the other party's agreement to make it. Once sealed, these documents can only be unsealed if someone shows a good reason to the court. Starting from July 1, 2005, any form used in these cases must indicate if it contains identifying information about assets and debts. If you use a different form, it must clearly state on the front that it includes financial details and is subject to these privacy rules. A 'pleading' is any document you use to declare finances or settle the marriage. When you request sealing, you must share a copy with the other party involved and prove you've done this. No part of this law stops you from using your sealed information legally elsewhere.
Section § 2024.7
Starting January 1, 2014, when someone files for divorce, annulment, or legal separation, the court must give both parties a notice about possible health coverage options. This includes information on getting lower-cost insurance through California's Health Exchange or free coverage through Medi-Cal. The notice will explain how to obtain these benefits and is prepared by the Health Benefit Exchange.
Section § 2025
This law allows certain parts of a court case to be heard and decided separately in an appeals court if approved by the original court. This is known as bifurcation, and it can happen when the court believes it's a suitable case for appeal. The process must follow rules set by the Judicial Council.
Section § 2026
If a couple gets back together, whether it's temporary or permanent, the court may take this into account when deciding if someone has broken a court order. In other words, reconciliation can be seen as a positive factor in such cases.