Yes, this is a mediation post. No, it’s not just for us “mediators”. It applies to ALL attorneys whose clients eventually go into mediation to resolve a case (in family law, this is like 99% of you!!!)
Starting January 1, 2019, California law imposes on attorneys representing a client participating in a mediation, or an attorney-mediator the duty to disclose the ramifications of confidentiality and protections of communications in mediation.
The new law is Evidence Code 1129.
Divorce mediation: because no one wins in Divorce.
Family law is the area of law that governs the issues arising from the end of relationships.
There is no sugarcoating divorce: It sucks, and there are no winners. I hear these phrases a lot in my practice: “It’s not fair, it’s not my fault!” “Why does he get half of the house?” “Why should I share the children when she’s the one who cheated on me?” “What do I get out of this divorce?”
Preliminary Declarations of Disclosures (PDD’s) are exchanged within 60 days of the filing of the case, and are MANDATORY. The Judgment cannot be entered without filing proof that you have properly exchanged these. It is the law and you cannot bypass this requirement. You may be inclined NOT to disclose an asset that you believe your spouse has no knowledge of. This is a bad idea. Your spouse’s lawyers has many methods and tools for retrieving information on your assets and debts.
No, California does NOT recognize Common Law Marriage!
Common law marriage is when 2 people have lived together, acted in a manner suggesting they are married – for so long and in such a manner that the State recognizes and confers them the same rights of those who are legally married. Currently, nine (9) states recognize common law marriage: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. (and New Hampshire for probate purposes).
California does NOT have common law marriage.