California Assembly Bill AB1735 Amended / Bill

 BILL NUMBER: AB 1735AMENDED 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.