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

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Date Published: 03/16/2021 09:00 PM
SB536:v98#DOCUMENT

Amended  IN  Senate  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 536

Introduced by Senator Rubio

February 17, 2021

An act to amend Sections 2339 and 2403 of the Family Code, relating to marriage.


LEGISLATIVE COUNSEL'S DIGEST


SB 536, as amended, Rubio. Dissolution Judgment of dissolution of marriage: waiting period.
Existing law generally provides the procedure for the dissolution of marriage, and further provides that when a judgment of dissolution of marriage becomes final, the parties are restored to the state of unmarried persons. Existing law prohibits a judgment of dissolution of marriage from becoming final until 6 months have expired from the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first.
This bill would require the court to order a judgment of dissolution of marriage to be entered before the expiration of the 6-month period if the moving party establishes either that the moving party was a victim of a felony or misdemeanor offense for an act of abuse perpetrated by the other spouse or the moving party submits to the court a protective order in effect against the other spouse, as specified. The bill would make conforming changes.

Existing law prohibits a judgment of dissolution of marriage from becoming final until 6 months have expired from the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first.

This bill would shorten that time period to 60 days and would eliminate the waiting period if the court finds that one of the parties has been convicted of an offense involving domestic violence or child abuse, as specified, or one of the parties has an active protective order in place against the other party, as specified. The bill would make conforming changes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


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 60 days 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 60 days six-month period described in subdivision (a) for good cause shown.

(c)The waiting period pursuant to subdivision (a) shall not apply if the court finds either of the following:

(1)One of the parties has been convicted of an offense involving domestic violence or child abuse pursuant to paragraph (1) of subdivision (e) of Section 243 of, Section 273.5 of, subdivision (a) or (d) of Section 273, or Section 422 of, the Penal Code or Section 6203 of this code against the other party or a member of the other party’s household.

(2)One of the parties has an active protective order in place against the other party pursuant to Section 6200.

(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.
 Except as specified in ordered pursuant to subdivision (c) of Section 2339, when 60 days 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.