Section § 2020

Explanation

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.

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.

Section § 2021

Explanation

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.

(a)CA Family Law Code § 2021(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)CA Family Law Code § 2021(b) An employee benefit plan may be joined as a party only in accordance with Chapter 6 (commencing with Section 2060).

Section § 2022

Explanation

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.

(a)CA Family Law Code § 2022(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)CA Family Law Code § 2022(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.

Section § 2023

Explanation

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.

(a)CA Family Law Code § 2023(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)CA Family Law Code § 2023(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.

Section § 2024

Explanation

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.

(a)CA Family Law Code § 2024(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)CA Family Law Code § 2024(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.”

Section § 2024.5

Explanation

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.

(a)CA Family Law Code § 2024.5(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)CA Family Law Code § 2024.5(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).

Section § 2024.6

Explanation

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.

(a)CA Family Law Code § 2024.6(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)CA Family Law Code § 2024.6(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)CA Family Law Code § 2024.6(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)CA Family Law Code § 2024.6(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)CA Family Law Code § 2024.6(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.

Section § 2024.7

Explanation

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.

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 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.

Section § 2025

Explanation

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.

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.

Section § 2026

Explanation

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.

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.