Today's Law As Amended


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SB-536 Judgment of dissolution of marriage: waiting period.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 2339 of the Family Code is amended to read:

2339.
 (a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.
(b) The court may extend the six-month period described in subdivision (a) for good cause shown.
(c) (1) Within 60 days from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first, a party may move the court for a judgment of dissolution to be entered before the expiration of the six-month period described in subdivision (a). The court shall grant the motion if the moving party establishes either of the following:
(A) The moving party was a victim of a felony or misdemeanor offense for an act of abuse, as described in Section 6203, perpetrated by the other spouse.
(B) The moving party submits to the court a protective order in effect against the other spouse that was entered after notice to the other spouse and a hearing pursuant to Division 10 (commencing with Section 6200).
(2) Upon granting a motion pursuant to paragraph (1), the court shall enter a final judgment of dissolution within 14 days.

SEC. 2.

 Section 2403 of the Family Code is amended to read:

2403.
 When  Except as ordered pursuant to subdivision (c) of Section 2339, when  six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage. The judgment restores to the parties the status of single persons, and either party may marry after the entry of the judgment. The clerk shall send a notice of entry of judgment to each of the parties at the party’s last known address.