Fam. Code, § 2338.5 · Chapter 4. General Procedural Provisions
Fam. Code, § 2338.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of the parties:
(a) The signature of the spouse who has defaulted on any marital settlement agreement or on any stipulated judgment shall be notarized.
(b) The court clerk shall give notice of entry of judgment of dissolution of marriage, nullity of marriage, or legal separation to the attorney for each party or to the party, if unrepresented.
(c) For the purpose of mailing the notice of entry of judgment, the party submitting the judgment shall provide the court clerk with a stamped envelope bearing sufficient postage addressed to the attorney for the other party or to the party, if unrepresented, with the address of the court clerk as the return address. The court clerk shall maintain any such document returned by the post office as part of the court file in the case.
Notes and commentary — not statutory text
History
Added by Stats. 1996, Ch. 810, Sec. 3. Effective January 1, 1997.
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=2338.5.
- Text hash
- sha256 ca87c9aafc7fc4e412850d51fd0f5343d0b1504c73f9ea7c1631bc7ed095dda2
- 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
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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.