California Family Code 2332 – (a) If the petition for dissolution of the marriage is based on …
(a) If the petition for dissolution of the marriage is based on the ground of permanent legal incapacity to make decisions and the spouse who lacks legal capacity to make decisions has a guardian or conservator, other than the spouse filing the petition, the petition and summons shall be served upon the spouse and the guardian or conservator. The guardian or conservator shall defend and protect the interests of the spouse who lacks legal capacity to make decisions.
(b) If the spouse who lacks legal capacity to make decisions has no guardian or conservator, or if the spouse filing the petition is the guardian or conservator, the court shall appoint a guardian ad litem, who may be the district attorney or the county counsel, if any, to defend and protect the interests of the spouse who lacks legal capacity to make decisions. If a district attorney or county counsel is appointed guardian ad litem pursuant to this subdivision, the successor in the office of district attorney or county counsel, as the case may be, succeeds as guardian ad litem, without further action by the court or parties.
Terms Used In California Family Code 2332
- County: includes city and county. See California Family Code 67
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
- Property: includes real and personal property and any interest therein. See California Family Code 113
- Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
- Summons: Another word for subpoena used by the criminal justice system.
- Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
(c) “Guardian or conservator” as used in this section means:
(1) With respect to the issue of the dissolution of the marriage relationship, the guardian or conservator of the person.
(2) With respect to support and property division issues, the guardian or conservator of the estate.
(Amended by Stats. 2014, Ch. 144, Sec. 12. (AB 1847) Effective January 1, 2015.)