(1) Existing law requires each party to a proceeding for dissolution of marriage or legal separation to serve on the other party a preliminary declaration of disclosure of assets, as specified, and a final declaration of disclosure, as specified. In the case of a default judgment, existing law prohibits a petitioner from being required to serve or receive a final declaration of disclosure, but still requires a preliminary declaration of disclosure, except as specified.

This bill would provide that both parties are not required to exchange declarations of disclosure in a dissolution of marriage or registered domestic partnership if the parties have an existing enforceable judgment of legal separation that adjudicates or reserves jurisdiction over the division of property.

(2) Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires that custody should be granted according to the best interest of the child in a specified order of preference. Existing law requires the court to consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation.

This bill would instead require the court to consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation if the child is of sufficient age and capacity to reason.

(3) Existing law, the Uniform Fiduciary Income and Principal Act, generally sets forth the powers and duties of a fiduciary of a trust. These powers and duties are related to, among other matters, the allocation of receipts and disbursements between principal and income, making adjustments between principal and income, and converting a trust to a unitrust. In the case of a default judgment, existing law prohibits a petitioner from being required to serve or receive a final declaration of disclosure, but still requires a preliminary declaration of disclosure, except as specified.

This bill would correct a cross-reference in this provision.