Title

Family Law.

Attorney General No.

SA97RF0053

Secretary of State No.

782

Description

FAMILY LAW. INITIATIVE STATUTE. Authorizes action for dissolution or legal separation based upon adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance, conviction of felony, irreconcilable differences or incurable insanity. Willful desertion, willful neglect or habitual intemperance must continue at least one year to constitute grounds for action. Prohibits dissolution or separation based on irreconcilable differences where minor dependent child is present. Action for dissolution or separation to be commenced within two years of occurrence or discovery of grounds Court may order property division as restitution or compensation for fault or specific acts of misconduct. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in unknown costs to the state for operations of the courts. To the extent that the courts must make a determination in cases not based on irreconcilable differences and have the discretion to base the breakdown of marital assets in part on the basis of fault, the measure could result in costs from additional workload and court time necessary for such cases. The magnitude of these court costs is unknown, but probably not significant.

Proponents

David B. Prince Attorney At Law, P.O. Box 33144, Los Gatos, Ca 95031 (408) 354-5788

Date

12-10-1997

Document Type

Initiative

Qualified

Failed to Qualify

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