2000–2129: General Provision for Divorce, Annulment, and Separation
When a marriage or domestic partnership begins the legal process of ending, the first set of laws that come into play are the General Provisions under California Family Code Sections 2000–2129. These provisions serve as the backbone of Division 6, covering how courts gain authority over a case, how the process should unfold procedurally, and what protections and expectations apply early on. While later sections of Division 6 address issues like property division, support, or restraining orders, the General Provisions lay the legal foundation that everything else builds upon.
2000: Scope of the Law
Section 2000 opens the door to the rest: it clarifies that these General Provisions apply to any case involving divorce, annulment, or legal separation. From this starting point, the rules in Part 1 shape how the courts manage jurisdiction, timelines, pleadings, initial disclosures, and even early financial or legal protections.
2010–2013: Jurisdiction of the Court
California courts have broad authority once a dissolution, nullity, or separation case is filed. Under Section 2010, the court can make decisions about:
- Marital status
- Child custody and support
- Spousal support
- Division of property
- Attorney’s fees and costs
Even if one spouse is served by publication (meaning they can’t be found), the court can still rule on certain property issues (Section 2011). Section 2013 introduces an alternative: collaborative law. If both parties agree in writing, they can work with professionals to resolve their case cooperatively, avoiding court battles.
2020–2026: Procedures and Requirements
These sections detail how the legal process unfolds.
- 2020: Respondents have 30 days to respond after being served.
- 2021: Others (like pension plans) can be joined to the case.
- 2022: Illegally obtained evidence (like recordings made without consent) can’t be used.
- 2023: Courts can order parties to pay debts directly to creditors when it helps one of the parties or their children.
- 2024: Petitions and judgments must include a warning: divorce may cancel many rights and benefits your spouse would otherwise receive, such as rights under your will or retirement accounts. But life insurance beneficiary designations aren’t canceled automatically, so you must update them if desired.
- 2024.5 to 2024.7: These sections protect personal information (like Social Security numbers), allow sealing of financial records, and require health insurance info to be provided.
- 2025–2026: Courts can hear issues in stages (bifurcation), and reconciliation may be considered when enforcing court orders.
2030–2034: Attorney’s Fees and Costs
California aims to level the playing field when it comes to legal representation. If one party has more financial resources, the court can order them to help pay for the other’s attorney (Section 2030). These orders can be made at any time during the case (2031), and the court uses several factors to determine fairness (2032).
Sections 2033–2034 address family law attorney’s real property liens, allowing a party to use their share of property to pay legal fees. There are strict notice and objection procedures to ensure fairness.
2040–2049: Protective and Restraining Orders
Section 2040 requires that Standard Family Law Restraining Orders appear on the divorce summons. These automatic orders prohibit both parties from:
- Taking children out of state
- Changing insurance policies
- Transferring property or hiding assets
They stay in effect until the court says otherwise. Section 2045 and 2047 allow for additional protective or restraining orders to be issued ex parte (without notice) or after a hearing, especially in cases involving domestic violence.
2050–2053: Notifying Insurance Carriers
During divorce, it’s common for courts to issue orders regarding insurance coverage for a spouse or children. These sections provide standardized notices for informing insurance companies that a policy or beneficiary designation is being handled by the court.
2060–2074: Employee Pension Plans
Dividing retirement plans is complex. These laws allow an employee benefit plan to be joined in a divorce case so the court can divide those assets. Without this joinder, a court’s orders may not be enforceable against the plan (Section 2060). Detailed rules govern how plans are notified and involved.
2080–2082: Name Restoration
A party can request restoration of a former or birth name during divorce or annulment (not legal separation). This right cannot be denied just because a child has a different last name (Section 2081).
2090–2093: Out-of-State Divorces (Uniform Divorce Recognition Act)
California won’t recognize a divorce from another state if both spouses lived in California when the divorce was filed elsewhere. This prevents people from “forum shopping” to bypass California law.
2100–2113: Disclosure of Assets and Liabilities
Transparency is essential in divorce. The law requires preliminary and final disclosures of all assets, debts, income, and expenses (Sections 2103–2105). These disclosures must be full, accurate, and updated when circumstances change. If a party fails to comply, the court can impose sanctions, set aside judgments, and delay the case (Section 2107).
Even if the parties waive the final disclosure, they must confirm that full financial transparency occurred (Section 2105). Summary dissolutions and default cases have slightly different rules (Sections 2109, 2110).
2120–2129: Relief From Judgment
Mistakes happen. If a divorce judgment is based on fraud, perjury, duress, mistake, or failure to disclose, the court can set it aside under strict timelines (Section 2122). But a judgment won’t be set aside just because it seems unfair in hindsight (Section 2123).
The court must balance fairness with the goal of finality. Relief is only granted when it would materially affect the outcome and benefit the party seeking relief (Section 2121).
Final Thoughts
Part 1 of Division 6—the General Provisions—isn’t about final judgments or dividing assets. It’s about setting the rules of the road from the moment a case begins. These laws define the court’s authority, establish procedural safeguards, and make sure the legal process starts on stable ground.
If you’re preparing to file or respond to a case involving divorce, annulment, or legal separation, understanding these general rules is essential. They’re not just legal formalities, they’re the structural guideposts that ensure your case proceeds fairly and within the law.