BILL NUMBER: AB 1735	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2016
	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 1, 2016

   An act to amend Section 215 of the Family Code, relating to
dissolution of marriage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1735, as amended, Waldron. Dissolution of marriage: bifurcated
judgment: service.
   Existing law,  when   if  there is a
modification of a judgment or order or a subsequent order in a
specified proceeding relating to marriage, including dissolution of
marriage,  or in any other proceeding in which there was at issue
the visitation, custody, or support of a child,  requires that
service for the new order or proceeding be made  to 
 upon  the party in the same manner as the notice is
otherwise permitted to be served. Existing law specifies that service
upon the attorney of record is not sufficient.
   This bill would require service  to be  upon the attorney
of  record, and not the party, in the case of a bifurcated
judgment of dissolution.   record for represented
parties or upon the parties themselves if unrepresented when the
court has ordered an issue or issues bifurcated for separate trial in
advance of the disposition of the entire case. The bill, however,
would require service to be upon both the party and the attorney of
record if a pleading has not been filed in   the action for
a period of 6 months after the entry of the bifurcated judgment.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 215 of the Family Code is amended to read:
   215.  (a) Except as provided in subdivision (b) or (c), after
entry of a judgment of dissolution of marriage, nullity of marriage,
legal separation of the parties, or paternity, or after a permanent
order in any other proceeding in which there was at issue the
visitation, custody, or support of a child, no modification of the
judgment or order, and no subsequent order in the proceedings, is
valid unless any prior notice otherwise required to be given to a
party to the proceeding is served, in the same manner as the notice
is otherwise permitted by law to be served, upon the party. For the
purposes of this section, service upon the attorney of record is not
sufficient.
   (b) A postjudgment motion to modify a custody, visitation, or
child support order may be served on the other party or parties by
first-class mail or airmail, postage prepaid, to the persons to be
served. For any party served by mail, the proof of service 
must   shall  include an address verification.
   (c) This section does not apply  to a bifurcated judgment
of dissolution pursuant to Section 2337, service for which shall be
upon the attorney of record.   if the court has ordered
an issue or issues bifurcated for separate trial in advance of the
disposition of   the entire case. In those cases, service of
a motion on any outstanding matter shall be served either upon the
attorney of record, if the parties are represented, or upon the
parties, if unrepresented. However, if there has been no pleading
filed in the action for a period of six months after the entry of the
bifurcated judgment, service shall be upon both the party, at the
party's last known address, and the attorney of record.