2300–2452: Dissolution and Legal Separation
While earlier parts of Division 6 address how to declare a marriage void or voidable, Part 3 covers something different: how to legally end a valid marriage through divorce or legal separation. This part of the California Family Code (Sections 2300–2452) sets the procedures, timelines, and conditions for when and how a court can formally terminate a marriage or separate spouses while keeping the marriage legally intact.
2300: Effect of Dissolution
Section 2300 makes it clear: a final judgment of dissolution returns both spouses to the legal status of single, unmarried people. But getting to that point involves multiple legal steps, especially when property, children, or contested issues are involved.
2310–2313: Grounds for Dissolution or Legal Separation
California is a no-fault state. According to Section 2310, there are only two legal grounds:
- Irreconcilable differences that have broken the marriage beyond repair
- Permanent legal incapacity to make decisions, supported by medical or psychiatric evidence
These grounds don’t require proving wrongdoing, but they do set the tone for how the case is handled.
2320–2322: Residence Requirements
You can’t file for divorce just anywhere. Section 2320 says that at least one spouse must have lived in California for six months and in the filing county for three months. There are special exceptions for same-sex couples who married in California but now live in states that don’t recognize their marriage.
2330–2348: General Procedural Provisions
Filing a petition (Section 2330) begins the case. Whether you’re filing alone or jointly, the petition must outline facts like date of marriage, separation, number of minor children, and what issues need resolving. If both parties agree, they can file a joint petition to simplify the process.
No matter how fast you file or how amicable the split, the earliest a divorce can become final is six months after the other party is served or appears in court (Section 2339). That cooling-off period is built into the law and can’t be waived except for good cause.
The code also includes protections and conditions for situations involving complex property, children, or when one party defaults (doesn’t respond). Courts must ensure there’s valid evidence supporting the divorce and, if necessary, assign guardians, enforce disclosures, divide retirement plans, and make temporary orders on custody, health care, or spousal support.
2400–2406: Summary Dissolution
For couples who meet strict financial and personal criteria, Chapter 5 allows a streamlined process called summary dissolution. It skips court hearings but requires full agreement, no children, limited assets and debts, a short marriage (five years or less), and a signed property agreement.
2450–2452: Case Management
In more complex cases, Chapter 6 allows courts to implement “family centered case resolution” plans. These plans aim to cut costs, reduce delays, and focus on settlement through structured steps like early evaluations, expert coordination, or bifurcated trials.
Bottom Line
Part 3 of Division 6 is the legal engine that drives most divorces and legal separations in California. It outlines how to end a valid marriage—starting with the initial filing and ending in final judgment. Whether the split is simple or deeply contested, this section provides the framework courts use to handle issues of marital status, property, custody, and support.
If you’re navigating divorce or legal separation in California, understanding this part of the Family Code is essential. And because every case is different, legal advice is your best tool for using these laws to protect your rights and future.