BILL ANALYSIS
AB 402
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 402 (Dymally)
As Amended August 28, 2006
Majority vote
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|ASSEMBLY: | |(May 16, 2005) |SENATE: |35-3 |(August 30, |
| | | | | |2006) |
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(vote not relevant)
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|COMMITTEE VOTE: |8-0 |(August 30, 2006) |RECOMMENDATION: | concur |
|(Judiciary) | | | | |
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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.
AB 402
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EXISTING LAW :
1)Grants courts, in a dissolution of marriage proceeding,
jurisdiction to inquire into and render judgments and orders
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
AB 402
Page 3
statute, with the goal of enacting legislation in 2007-08 to
provide a procedural 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: 0017655