AMENDED IN SENATE AUGUST 4, 2026

AMENDED IN SENATE MAY 28, 2026

AMENDED IN ASSEMBLY MARCH 2, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Hart

(Coauthors: Assembly Members Bonta, Garcia, Krell, Macedo, Nguyen, Pellerin, Michelle Rodriguez, Schiavo, and Stefani)

February 12, 2026

An act to amend Sections 2339 and 2403 of the Family Code, relating to marriage.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law governs the dissolution of marriage and legal separation. Existing law prohibits a judgment of dissolution of marriage from being made final until 6 months have expired from the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first. Existing law authorizes a court to extend the 6-month period for good cause shown. Existing law also requires a court to enter a judgment dissolving a marriage when 6 months have expired from the date of the filing of a joint petition for summary dissolution, unless a revocation has been filed.

This bill would additionally authorize the court to reduce or waive the 6-month period described above for good cause shown, as specified, provided that the parties have resolved all material issues related to the dissolution.

The people of the State of California do enact as follows:

SECTION 1.

Section 2339 of the Family Code is amended to read:

2339.

(a) Subject to subdivision (b) and to Sections 2340 to 2344, inclusive, no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.

(b) Notwithstanding subdivision (a), the court may extend, reduce, or waive the six-month period described in subdivision (a) for good cause shown, provided that the parties have resolved all material issues related to the dissolution, and either of the following:

(1) The court has conducted a notice hearing to determine good cause.

(2) Both parties have stipulated that good cause exists and the court finds good cause.

(c) For purposes of this subdivision, good cause includes, but is not limited to, any of the following:

(1) The court finds that the petitioning party is the victim of domestic violence during the marriage and the petitioning party requests a waiver or reduction for their health, safety, and well-being.

(2) The parties have signed and filed a marital settlement agreement resolving all material issues related to the dissolution.

(3) One party seeks to remarry and a waiver or reduction will not affect any issues material to the dissolution bifurcated by the court, pursuant to Section 2337.

SEC. 2.

Section 2403 of the Family Code is amended to read:

2403.

(a) When six months have expired from the date of the filing of the joint petition for summary dissolution, the court shall, unless a revocation has been filed pursuant to Section 2402, enter the judgment dissolving the marriage. The judgment restores to the parties the status of single persons, and either party may marry after the entry of the judgment. The clerk shall send a notice of entry of judgment to each of the parties at the party’s last known address.

(b) Notwithstanding subdivision (a), the court may reduce or waive the six-month period described in subdivision (a) for good cause shown.