California Divorce Laws - Enforcing Divorce Judgments
Based upon a court order issued by a superior court, California divorce laws require local law enforcement
authorities to actively protect court rule, subject to limited exceptions:
- 5100. Notwithstanding Section 290 of California divorce laws, a child, family, or spousal
support order may be enforced by a writ of execution or a notice of
levy pursuant to Section 706.030 of the Code of Civil Procedure or
Section 17522 of this code without prior court approval.
- 290. Subject to Section 291 of the California divorce laws, a judgment or order made or entered pursuant to this code may
be enforced by the court by execution, the appointment of a receiver, or contempt, or by any
other order as the court in its discretion determines from time to time to be necessary.
- 291. A judgment or order for possession or sale of property made or entered pursuant to California divorce
laws is subject to the period of enforceability and the procedure for renewal provided by Chapter 3
(commencing with Section 683.010) of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure.
- 3443. (a) Courts of this state shall recognize and enforce a child custody determination of a court of
another state if the latter court exercised jurisdiction in substantial conformity with California divorce laws or the
determination was made under factual circumstances meeting the jurisdictional standards of this part and the
determination has not been modified in accordance with this part. (b) A court of this state may utilize any
remedy available under California divorce laws to enforce a child custody determination made by a court of
another state. The remedies provided by California divorce laws are cumulative and do not affect the availability of
other remedies to enforce a child custody determination.
California Divorce Laws
3412. (a) Courts of this state may request the appropriate court of another state to do all of the
following: (1) Hold an evidentiary hearing as allowed by California divorce laws. (2) Order a person to produce
or give evidence pursuant to procedures of that state. (3) Order that an evaluation be made with respect
to the custody of a child involved in a pending proceeding under California divorce laws. (4) Forward to
the court of this state a certified copy of the transcript of the record of the hearing, the evidence
otherwise presented, and any evaluation prepared in compliance with a request authorized by California
divorce laws. (5) Order a party to a child custody proceeding or any person having physical custody
of the child to appear in a proceeding under California divorce laws with or without the child. (b) Upon
request of a court of another state, a court of this state may hold a hearing or enter an order
described in subdivision (a) or provided by California divorce laws generally. (c) Travel and other
necessary and reasonable expenses incurred under subdivisions (a) and (b) may be
assessed against the parties according to California divorce laws. (d) A court of this state shall
preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records
required by California divorce laws with respect to a child custody proceeding until the child attains
18 years of age. Upon appropriate request by a court or law enforcement official of another state,
the court shall forward a certified copy of those records.
| California Divorce Laws - Common Questions |
- An appellate court overturning a judgment of divorce by consent is subject to recognition of foriegn
divorce judgments.
- In divorce, default judgments often result in the greatest remedy available for the appearing party.
- In applying divorce laws, California empowers local judges with broad authority. In a California divorce, abandon, spouse
abuse mental cruelty draw the sharpest criticism.
- Enforcing a judgment across state lines is similar to enforcing outofstate judgment in California,
which requires proof of compliance with the procedures of both states.
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| California Divorce Laws - Assistance |
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