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Changes in the law could make divorce more costly ? California Penal Code Section 217

By Walin & Klarich

Due to recent changes in California family law that have gone into effect at the start of this year, all hearings in a divorce action will now require oral testimony unless the parties waive that right or if the family court judge finds good cause to exclude oral testimony (Family Code Section 217(a) & (b)). For most divorce hearings prior to this new law, testimony was normally submitted to the court in writing by declaration. Now, it appears that anyone who previously signed declarations will be required to testify in court, which can include the divorcing parties as well as all experts and third-party witnesses. Depending on the case, this could result in a long roster of testifying witnesses. Although this change will allow people to feel as if their voices are being heard by the court ? and will also enable the court to gauge the credibility of the live testimony through direct observations ? it can further hinder an already bogged down system...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 07, 2011 (boomark / email).