Fam. Code, § 2336 · Chapter 4. General Procedural Provisions
Fam. Code, § 2336
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) No judgment of dissolution or of legal separation of the parties may be granted upon the default of one of the parties or upon a statement or finding of fact made by a referee; but the court shall, in addition to the statement or finding of the referee, require proof of the grounds alleged, and the proof, if not taken before the court, shall be by affidavit. In all cases where there are minor children of the parties, each affidavit or offer of proof shall include an estimate by the declarant or affiant of the monthly gross income of each party. If the declarant or affiant has no knowledge of the estimated monthly income of a party, the declarant or affiant shall state why he or she has no knowledge. In all cases where there is a community estate, each affidavit or offer of proof shall include an estimate of the value of the assets and the debts the declarant or affiant proposes to be distributed to each party, unless the declarant or affiant has filed, or concurrently files, a complete and accurate property declaration with the court.
(b) If the proof is by affidavit, the personal appearance of the affiant is required only when it appears to the court that any of the following circumstances exist:
(1) Reconciliation of the parties is reasonably possible.
(2) A proposed child custody order is not in the best interest of the child.
(3) A proposed child support order is less than a noncustodial parent is capable of paying.
(4) A personal appearance of a party or interested person would be in the best interests of justice.
(c) An affidavit submitted pursuant to this section shall contain a stipulation by the affiant that the affiant understands that proof will be by affidavit and that the affiant will not appear before the court unless so ordered by the court.
Notes and commentary — not statutory text
History
Amended by Stats. 1998, Ch. 581, Sec. 13. Effective January 1, 1999.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=2336.
- Text hash
- sha256 085639942499aac642a172a7eea5202230307de7fda8831d49805867c9a318b8
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 5 provisions
Provisions in this library whose text cites Fam. Code, § 2336. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 5.405Judgment checklistsPrinted as Family Code section 2336
- Cal. Rules of Court, rule 5.407Review of default and uncontested judgments submitted on the basis of declaration under Family Code section 2336Printed as Family Code section 2336
- Cal. Rules of Court, rule 5.409Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336Printed as Family Code section 2336
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.