Procedural Provisions in Family Law Cases

California Family Code Division 6, Part 1, Chapter 3 deals with procedural provisions in cases of nullity, dissolution, and legal separation. Section 2020 requires a responsive pleading to 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 allows the court to order that a person who claims an interest in the proceeding be joined as a party to the proceeding in accordance with rules adopted. And, an employee benefit plan may be joined as a party only under specified circumstances.

Section 2022 states that evidence collected by eavesdropping in violation of the law is inadmissible. The court may refer the matter to the proper authority for investigation and prosecution.

Section 2023 provides that, 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. The creditor has no right to enforce the order made under this section.

Section 2024 states that a petition for dissolution of marriage, nullity of marriage, or legal separation of the parties, or a joint petition for summary dissolution of marriage, is required to contain the specified notice. A judgment for dissolution of marriage, for nullity of marriage, or for legal separation of the parties must contain the specified notice.

Section 2024.5 allows the petitioner or respondent to 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.

Section 2024.6 says that, upon the request by a party to a petition for dissolution of marriage, nullity of marriage, or legal separation, the court is required to 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. The term “pleading” is defined.

Section 2024.7 provides, upon the filing of a petition for dissolution of marriage, nullity of marriage, or legal separation, the court is required to 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 or no-cost coverage through Medi-Cal. 

Section 2025 says that, 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.

Section 2026 states that 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.