New printing, legal changes updated to January 1, 2014
Pages 14 and 35—Filing fee. The fee for filing a Petition or Response is now about $435. Check with your Clerk to verify and see if there are any additional local fees tacked on.
Page 28—Summary Dissolution. Maximum amount of community property or debts in order to qualify for summary procedure has been raised to $40,000.
Page 31—Automatic Restraining Orders. Updated to 2014 rules.
Pages 42, 43 and 75—Undequal division of community property clarified. Unless there is an agreement otherwise, a judge must divide community and property and debts so that each party receives an equal share. However, if the NET amount of community property (assets less debts) is under $5,000 AND the other party can’t be located, the CP can be divided unequally, even awarded entirely to one party.
Page 55—Custody. Parent, guardian or relative cannot be disqualified from having custody based on immigration status.
Page 67—Spousal support. Family Code 4320(i). Factors that must be considered in ordering spousal support now include documented history of violence or abuse between the spouses or of either spouse against a child of either spouse.
Page 69—Continuation of health insurance. Under the Affordable Care Act, you cannot be refused COBRA coverage due to a pre-existing condition.
Page 80—Sample Agreement. In section V, Child Support, a blank space for the name of the paying party was left out. This has been fixed.