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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
(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.
Cite this article: FindLaw.com - California Code, Family Code - FAM § 2332 - last updated January 01, 2025 | https://codes.findlaw.com/ca/family-code/fam-sect-2332/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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