Bill Text: CA AB1735 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 1735 (Prior Session Legislation)

Bill Title: Dissolution of marriage: bifurcated judgment: service.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-07-22 - Chaptered by Secretary of State - Chapter 67, Statutes of 2016. [AB1735 Detail]

Download: California-2015-AB1735-Chaptered.html

BILL NUMBER: AB 1735	CHAPTERED
	BILL TEXT

	CHAPTER  67
	FILED WITH SECRETARY OF STATE  JULY 22, 2016
	APPROVED BY GOVERNOR  JULY 22, 2016
	PASSED THE SENATE  JUNE 30, 2016
	PASSED THE ASSEMBLY  MAY 2, 2016
	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, Waldron. Dissolution of marriage: bifurcated judgment:
service.
   Existing law, 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
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
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.


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 shall
include an address verification.
   (c) This section does not apply 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.