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

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Date Published: 02/17/2021 09:00 PM
SB536:v99#DOCUMENT


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 introduced, Rubio. Dissolution of marriage: waiting period.
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 six months 60 days 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 60 days 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.

SEC. 2.

 Section 2403 of the Family Code is amended to read:

2403.
 When six months Except as specified in subdivision (c) of Section 2339, when 60 days 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.