New California divorce laws

If you are contemplating divorce, read the new 2011 divorce laws which help a couple go through the divorce process using mediation instead of the court system.

Effective January, 2011, all divorce hearings require oral testimony unless both parties wave their rights.  In some cases a judge may decide against oral testimony since it takes a lot of court time and the court calendars are always full.  

California Family Code Section 217 states, “That in any Order to Show Cause or Notice of Motion hearings, the court shall receive live testimony and the court may ask questions of the parties.”  In addition, Assembly Bill 1040 “Requires the family court to consider and give weight to the preference of children when granting or modifying child custody or visitation, as long as the child involved is old enough and capable of forming an intelligent option.”  In addition, it requires the court to permit a child over the age of 14 to address the court relating to custody or visitation.

If you are going through a divorce, call an experienced Orange County Family Law attorney to discuss any new changes in divorce laws.  He or she will explain the laws in a language you can understand and advise what is best for you and your children.