Los Angeles, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: What does it mean if the defendant doesn't file a trial breif , financial disclosure or exhibit list before trial

Divorce with minor children, he has been hiding income and refusing or neglecting visitation against court orders. I also requested spouse support as we were married for 9 years and 6 months. All assets he sold or got forclosed

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California divorce proceedings, if the defendant fails to file a trial brief, financial disclosures, or an exhibit list, it could have several implications. First, not providing a trial brief might place the defendant at a disadvantage by not clearly presenting their case or arguments to the court. Second, financial disclosures are mandatory, and failure to provide them can lead to sanctions by the court or unfavorable presumptions.

Not submitting an exhibit list may prevent the defendant from introducing certain evidence during the trial. The court might view the defendant's non-compliance with orders and procedures unfavorably, potentially benefiting the other party. If there's evidence of hiding assets, the court can make adverse determinations against the hiding party. For spousal support and division of assets, the court will consider various factors, including the length of the marriage and each party's financial situation. It's essential to ensure the court is informed of all relevant facts and breaches by the other party.

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