Research this! Pg.

267 Research your home state law regarding bifurcation of the dissolution, equitable distribution, custody, and support issues. Find the forms related procedural rules. Prepare a checklist of all the relevant documents, a brief description if the purpose of each, exceptions to the requirement for filing, and timelines for filing. Retain your completed checklist and source citations to the relevant rules of procedure in your PRM for easy future reference. To: Directing Attorney From: Ms. Segura Re: Research This pg. 267 Date: August 14, 2012 Memorandum

Bifurcation Is covered under California Family Law Code Section 2337 (a)-(g) It basically states that a judge may grant an early divorce status separate from the issues pertaining to the marriage being resolved. A formal list of their assets and debts must be disclosed when the person is being served with the bifurcation motion. The court may also impose the following conditions on the parties which is still enforceable on their estate even if one of the parties dies. (1) The party cannot hold the other party liable for any expenses they incur that they would not have otherwise incurred if they were still married. (2) If they were under a medical insurance, the provider should still cover the other party and if it does not the receiver of the service is responsible for any medical fees the other party has. (3) - (6) until the final judgment has been entered the partys may not find each other liable for any loss of rights that have resulted from the bifurcation. Time Span: You need to file a minimum of six months after filing for divorce. For an uncontested Bifurcation FL-130: Appearance, Stipulations and Waivers FL-170: Declaration for Default or Uncontested Dissolution or Legal Separation FL-180: Judgment FL-190: Notice of Entry of Judgment For a contested Bifurcation FL-130: Appearance, Stipulations and Waivers FL-315: Application or Response to Application for Separate Trial

 FL-301: Notion of Motion FL-140: Declaration of Disclosure and your completed Schedule of Assets and Debts

Equitable distribution Is covered under California Family Law Code Section 760-772 A court will only engage in equitable distribution if a divorcing couple is unable to negotiate a property settlement. If a couple is able to agree on how to divide a portion of their estate, but not the entire estate, the court will step in to distribute the undivided portion. Gifts given to one spouse by a third party are considered that spouse's separate property. A court will review a number of factors in determining how to divide marital property. For example, a court may consider: the financial condition and earning power of each spouse the value of each spouse's separate property, including a spouse's business, business interests, retirement plans, 401(k) plans, stocks, bonds, etc. The degree to which each spouse contributed to the gaining of marital property. The degree to which each spouse contributed to the education and earning power of the other spouse. Future financial needs and liabilities of each spouse. The ages and overall health of each spouse. The liquidity of marital property. Premarital and prenuptial agreements. Spousal maintenance or alimony obligations.

Custody Is covered under California Family Law Code Section 3020-3032 It stated that the custody of the child will be determined primarily with the childs best interest in mind and that any signs of child abuse are disadvantageous to the child. The court also recognizes that it is public policy if the child has contact with both the parents after the dissolution of the marriage/ relationship. The court may give temporary custody to one of the parents as they see fit before the final judgment. The noncustodial parent may file a motion to reconsider custody if the custodial parent was convicted of a crime having to do with an abusive nature. If the custodial parent wants to move the childs residence for more than thirty days they must formally notify the other parent 45 days prior to the move.

Forms for Custody FL-260: Petition for Custody and Support of Minor Children FL-341(E): Joint Legal Custody Attachment FL-311: Child custody and Visitation Application Attachment FL-334: Proof of Service by Mail

Support Is covered under California Family Law Code Section 3900-3910 In regards to support of a child it states that both the mother and the father have the duty to support the child in a manner suitable. It defines the child as a person until they reach the age of 19, graduate from 12th grade or get married, whichever comes first. This however does not limit the parents ability to provide additional support or the courts ability to impose the parent to provide additional support. The parents also have an equal duty to support their adult child if they are unable to do so themselves. In regards to spousal support the court may rule on it separate from the division of property and its termination or modification is subject to court order. If the spousal support is affected due to bankruptcy the court intervene to see the supported spouse is taken care of. Time Span: You must have a case in order to file for spousal and child support. Either dissolution of marriage or Parentage Petition

Forms Required For Child Support FL-250: Judgment (Uniform Parentage) FL-341: Child Custody and Visitation Order Attachment FL-341(A): Supervised Visitation Order if needed FL-342: Child Support Information and Order Attachment FL-342(A): Non-Guideline Child Support Findings Attachment if needed FL-191: Child Support Case Registry Form FL-192: Notice of Rights and Responsibilities FL-190: Notice of Entry of Judgment Forms Required For Spousal Support FL-300: Request for Order FL-150: Income and Expense Declaration FL-157: Spousal or Partner Support Declaration Attachment

 FL-330: Proof of Personal Service or FL-335: Proof of Service by Mail MC-030: Declaration FL-320: Responsive Declaration to Request for Order