BILL ANALYSIS
AB 402
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 402 (Dymally)
As Amended August 28, 2006
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: | |(May 16, 2005) |SENATE: |35-3 |(August 30, |
| | | | | |2006) |
-----------------------------------------------------------------
(vote not relevant)
Original Committee Reference: J., E.D. & E.
SUMMARY : Codifies that individuals may participate in
collaborative family law, as specified. Specifically, this
bill :
1)Codifies that individuals may, pursuant to a written
agreement, participate in a collaborative process, as defined,
for dissolution or nullity of marriage or legal separation.
2)States the intent of the Legislature, during the 2007-08
legislative session, to enact legislation setting forth a
procedural framework for the practice of collaborative family
law. Requests that the Senate and Assembly Judiciary
Committees convene a working group of specified members to
study and make recommendations on a comprehensive
collaborative law statute by January 1, 2007.
3)Requires the court, upon request by a party in a proceeding to
determine child custody, to issue a statement of decision
explaining the factual and legal basis of a decision in a
trial on question of fact.
4)Requires the Judicial Council, by January 1, 2008, to create
an information sheet for parties in custody and visitation
matters, as specified.
The Senate amendments delete the Assembly version of this bill,
and instead make the changes set forth above.
EXISTING LAW :
1)Grants courts, in a dissolution of marriage proceeding,
jurisdiction to inquire into and render judgments and orders
AB 402
Page 2
concerning the status of marriage, custody of minor children,
child and spousal support, settlement of property rights, and
awards of attorney's fees and costs.
2)Allows parties to enter into a collaborative process for
property division by allowing division of the community estate
through arbitration ordered by the court.
3)Encourages parties to enter into a collaborative process by
presuming that an agreement by the parties for joint custody
is in the best interest of the child.
4)Requires a superior court, upon the request of either party,
to issue a statement explaining the factual and legal basis
for its decision.
AS PASSED BY THE ASSEMBLY , this bill dealt with borders.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Resolution of divorce disputes necessarily involves
litigation between the parties. Supporters of the bill content
that the adversarial nature of the litigation puts added strain
on all parties, including any children of the marriage. For
many years, some members of the legal community have
experimented with the use of a more collaborative process to
resolve these differences. The goal of these processes is to
reach an agreement between the parties without resorting to an
adversarial posture. Although not currently governed by statute
in California, many practitioners offer their services for a
collaborative resolution to divorces. Parties proceed in a form
of assisted mediation to attempt to reach an agreement on any
disputed issues.
This bill enacts the Collaborative Family Law Act, which
codifies the parties' ability to enter into a collaborative
process for dissolution of marriage, nullity of marriage or
legal separation. This bill also requests the Senate and
Assembly Judiciary Committees to convene a working group of
specified members to study and make recommendations on a
comprehensive collaborative law statute, with the goal of
enacting legislation in 2007-08 to provide a procedural
AB 402
Page 3
framework for the practice of collaborative family law.
Finally, this bill reiterates that parties to a child custody
proceeding can request a written statement from the court of a
decision containing its factual and legal basis, and requires
the Judicial Council to create an information sheet for parties
involved in child custody and visitation matters.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0017295