SECTIONS 2400-2406 - California Statutes

FAMILY.CODE

SECTION 2400-2406

2400. (a) A marriage may be dissolved by the summary dissolution
procedure provided in this chapter if all of the following conditions
exist at the time the proceeding is commenced:
(1) Either party has met the jurisdictional requirements of
Chapter 3 (commencing with Section 2320) with regard to dissolution
of marriage.
(2) Irreconcilable differences have caused the irremediable
breakdown of the marriage and the marriage should be dissolved.
(3) There are no children of the relationship of the parties born
before or during the marriage or adopted by the parties during the
marriage, and the wife, to her knowledge, is not pregnant.
(4) The marriage is not more than five years in duration as of the
date of separation of the parties.
(5) Neither party has any interest in real property wherever
situated, with the exception of the lease of a residence occupied by
either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of the
filing of the petition.
(6) There are no unpaid obligations in excess of four thousand
dollars ($4,000) incurred by either or both of the parties after the
date of their marriage, excluding the amount of any unpaid obligation
with respect to an automobile.
(7) The total fair market value of community property assets,
excluding all encumbrances and automobiles, including any deferred
compensation or retirement plan, is less than twenty-five thousand
dollars ($25,000), and neither party has separate property assets,
excluding all encumbrances and automobiles, in excess of twenty-five
thousand dollars ($25,000).
(8) The parties have executed an agreement setting forth the
division of assets and the assumption of liabilities of the
community, and have executed any documents, title certificates, bills
of sale, or other evidence of transfer necessary to effectuate the
agreement.
(9) The parties waive any rights to spousal support.
(10) The parties, upon entry of the judgment of dissolution of
marriage pursuant to Section 2403, irrevocably waive their respective
rights to appeal and their rights to move for a new trial.
(11) The parties have read and understand the summary dissolution
brochure provided for in Section 2406.
(12) The parties desire that the court dissolve the marriage.
(b) On January 1, 1985, and on January 1 of each odd-numbered year
thereafter, the amounts in paragraph (6) of subdivision (a) shall be
adjusted to reflect any change in the value of the dollar. On
January 1, 1993, and on January 1 of each odd-numbered year
thereafter, the amounts in paragraph (7) of subdivision (a) shall be
adjusted to reflect any change in the value of the dollar. The
adjustments shall be made by multiplying the base amounts by the
percentage change in the California Consumer Price Index as compiled
by the Department of Industrial Relations, with the result rounded to
the nearest thousand dollars. The Judicial Council shall compute and
publish the amounts.

2401. (a) A proceeding for summary dissolution of the marriage
shall be commenced by filing a joint petition in the form prescribed
by the Judicial Council.
(b) The petition shall be signed under oath by both the husband
and the wife, and shall include all of the following:
(1) A statement that as of the date of the filing of the joint
petition all of the conditions set forth in Section 2400 have been
met.
(2) The mailing address of both the husband and the wife.
(3) A statement whether or not the wife elects to have her maiden
or former name restored, and, if so, the name to be restored.

2402. (a) At any time before the filing of application for judgment
pursuant to Section 2403, either party to the marriage may revoke
the joint petition and thereby terminate the summary dissolution
proceeding filed pursuant to this chapter.
(b) The revocation shall be effected by filing with the clerk of
the court where the proceeding was commenced a notice of revocation
in such form and content as shall be prescribed by the Judicial
Council.
(c) The revoking party shall send a copy of the notice of
revocation to the other party by first-class mail, postage prepaid,
at the other party's last known address.

2403. 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.

2404. Entry of the judgment pursuant to Section 2403 constitutes:
(a) A final adjudication of the rights and obligations of the
parties with respect to the status of the marriage and property
rights.
(b) A waiver of their respective rights to spousal support, rights
to appeal, and rights to move for a new trial.

2405. (a) Entry of the judgment pursuant to Section 2403 does not
prejudice nor bar the rights of either of the parties to institute an
action to set aside the judgment for fraud, duress, accident,
mistake, or other grounds recognized at law or in equity or to make a
motion pursuant to Section 473 of the Code of Civil Procedure.
(b) The court shall set aside a judgment entered pursuant to
Section 2403 regarding all matters except the status of the marriage,
upon proof that the parties did not meet the requirements of Section
2400 at the time the petition was filed.

2406. (a) Each superior court shall make available a brochure, the
contents and form of which shall be prescribed by the Judicial
Council, describing the requirements, nature, and effect of
proceedings under this chapter. The brochure shall be printed and
distributed by the Judicial Council in both English and Spanish.
(b) The brochure shall state, in nontechnical language, all the
following:
(1) It is in the best interests of the parties to consult an
attorney regarding the dissolution of their marriage. The services of
an attorney may be obtained through lawyer referral services, group
or prepaid legal services, or legal aid organizations.
(2) The parties should not rely exclusively on this brochure which
is not intended as a guide for self-representation in proceedings
under this chapter.
(3) A concise summary of the provisions and procedures of this
chapter and Sections 2320 and 2322 and Sections 2339 to 2344,
inclusive.
(4) The nature of services of the conciliation court, where
available.
(5) Neither party to the marriage can in the future obtain spousal
support from the other.
(6) A statement in boldface type to the effect that upon entry of
the judgment, the rights and obligations of the parties to the
marriage with respect to the marriage, including property and spousal
support rights, will be permanently adjudicated without right of
appeal, except that neither party will be barred from instituting an
action to set aside the judgment for fraud, duress, accident,
mistake, or other grounds at law or in equity, or to make a motion
pursuant to Section 473 of the Code of Civil Procedure.
(7) The parties to the marriage retain the status of married
persons and cannot remarry until the judgment dissolving the marriage
is entered.
(8) Other matters as the Judicial Council considers appropriate.