Using a trial brief in a California dissolution (divorce) case is the topic of this blog post. A trial brief is used to notify the Judge hearing the case about the main issues involved in the case. A typical trial brief may contain up to seven (7) or more separate headings covering such topics as:
1. Statistical information such as date of marriage, date of separation and length of marriage.
2. Custody and visitation if there are minor children of the marriage.
3. Child support if applicable.
4. Spousal support if applicable.
5. Division of property and debts.
6. Attorney fees.
7. Other issues such as medical insurance coverage, etc.
While the specific rules may vary for each particular Court or Judge, as a general rule it is best to serve the trial brief on the opposing party, or their attorney at least twenty (20) calendar days before the trial date, then file the trial brief with the Court along with a proof of service. Note that some Courts may require additional documents, such as a current (within the last 60 days) income and expense declaration, and possibly a property declaration. A party should check with the Courtroom clerk to determine the specific requirements for that department.
Attorneys or parties in the State of California who would like to view a portion of a sample trial brief for a California divorce case that is sold by the author can see below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995. Visit the author’s website at: http://www.legaldocspro.net
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Copyright 2012 Stan Burman. All rights reserved.
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.