California Family Code § 2321

Summary

California Family Code § 2321 allows a legal separation case to be converted into a divorce (dissolution) case once residency requirements are met. In a legal separation proceeding where neither spouse has yet met California’s residency requirements (six months in the state and three months in the county) at the time of filing, either spouse may amend the separation petition to request a divorce judgment:contentReference[oaicite:0]{index=0}. The filing date of the amended petition is treated as the date the dissolution proceeding began, but only for purposes of the residency requirements:contentReference[oaicite:1]{index=1}. Subsection (b) of §2321 requires that the other spouse be notified of this amendment: if the other spouse has appeared in the case, notice must be given under the normal Judicial Council rules, and if not, the notice may be sent by mail to the last known address (or personally served if the initial petition stated an intent to amend):contentReference[oaicite:2]{index=2}.

Examples of Application

• A couple living outside California marries and wants a divorce but does not yet meet residency requirements. They file for legal separation first. Once one spouse moves to California and satisfies the 6-month/3-month residency rule, either spouse amends the case to a divorce under §2321, using the original filing date for residency purposes.
• One spouse files a legal separation petition in California because neither spouse currently meets the residency requirement for divorce. After several months in California, the same spouse (or the other) meets the residency requirements and then amends the petition to a dissolution of marriage. This avoids starting a new case and allows the couple to finalize their divorce in the same proceeding.
• A couple wishes to resolve support and property issues immediately but wait for one spouse to complete California residency before finalizing the divorce. They initially proceed under legal separation, and once the waiting period ends they use §2321 to convert the case into a divorce action without reopening financial matters.

Full Text of California Family Code § 2321

2321. (a) In a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the residence requirements of Section 2320, either party may, upon complying with the residence requirements, amend the party’s petition or responsive pleading in the proceeding to request that a judgment of dissolution of the marriage be entered. The date of the filing of the amended petition or pleading shall be deemed to be the date of commencement of the proceeding for the dissolution of the marriage for the purposes only of the residence requirements of Section 2320.

(b) If the other party has appeared in the proceeding, notice of the amendment shall be given to the other party in the manner provided by rules adopted by the Judicial Council. If no appearance has been made by the other party in the proceeding, notice of the amendment may be given to the other party by mail to the last known address of the other party, or by personal service, if the intent of the party to so amend upon satisfaction of the residence requirements of Section 2320 is set forth in the initial petition or pleading in the manner provided by rules adopted by the Judicial Council.

Nothing on this page should be considered legal advice.