By maintaining the current six-month waiting period for finalizing marriage dissolutions, AB 1549 seeks to ensure that the legal procedure regarding divorce remains intact while only adjusting the legal language for clarity. It does not introduce any new conditions or requirements for the dissolution process, preserving existing protections and allowing the court the authority to extend this period for good cause shown, as per the current law. The bill is positioned to reinforce existing practices by removing ambiguity in the language employed in the current legislation.
Summary
Assembly Bill 1549, introduced by Assembly Member Kiley, proposes an amendment to Section 2339 of the California Family Code, which pertains to the dissolution of marriage. The existing law mandates that any judgment of dissolution of marriage cannot be finalized until a period of six months has elapsed following the service of a copy of the summons and petition or the date of the respondent's appearance in court, whichever comes first. This bill aims to make technical, nonsubstantive changes to clarify this provision without altering the substantive requirements of the law.
Contention
Despite AB 1549's focus on clarification rather than substantive change, it could still face opposition depending on the interpretation of its implications. Some stakeholders might argue that technical amendments, even if nonsubstantive, can inadvertently affect judicial discretion or public understanding of the divorce process. However, the lack of significant changes to the substantive law suggests that any contention around AB 1549 is likely to be limited to legal precision rather than foundational shifts in marriage dissolution policy.
Provides for an increase of retirement benefits from the Public School Retirement System and Public Education Employee Retirement System for certain members electing reduced monthly payments before separation with a same-sex domestic partner