California Family Code § 2336: Hearing of the Cause

Plain-Language Summary

California Family Code § 2336 establishes that before a court grants a final judgment of dissolution (divorce), legal separation, or nullity, it must hold a hearing of the cause. This hearing ensures that all procedural requirements are met, including service of process and the filing of necessary declarations. However, in uncontested or default cases, the court may waive a formal appearance and proceed based on submitted declarations. The statute ensures due process and safeguards judicial review before issuing a judgment that dissolves a marital relationship.

Real-World Examples

  • Default divorce proceeding: A spouse files for divorce, and the other party does not respond. Under § 2336, the court can still issue a judgment after reviewing the petitioner’s written declaration and confirming all legal requirements were satisfied—without needing a live hearing.
  • Uncontested dissolution with settlement: Both spouses agree on all terms of their divorce and submit a marital settlement agreement. The court may review the documents under § 2336 and issue a final judgment without requiring them to appear in court, as long as the proper declarations are filed.
  • Contested hearing requirement: If one spouse contests the dissolution or there are unresolved issues (such as custody or support), § 2336 requires a hearing to resolve the dispute and ensure both parties are heard before judgment is entered.

Full Text of California Family Code § 2336

In a proceeding for dissolution of marriage, nullity of marriage, or legal separation of the parties, the court shall hear and determine the cause. The court may, upon the default of a party or upon the written stipulation of the parties, or if notice has been given as required by law and the party has not made an appearance in the action, enter its judgment based on the declarations of the parties, or any evidence presented, without a hearing of the cause.

Amended by Stats. 1993, Ch. 219, Sec. 80. Effective January 1, 1994.

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