Can only issues raised in the original petition for dissolution and original response be raised at settlement conference or trial?

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Can only issues raised in the original petition for dissolution and original response be raised at settlement conference or trial?

Petitioner in divorce case didn’t raise issue of community debts until respondent sought reimbursement of 2004 and 2005 income tax debt in his response. Petitioner brought up issue in her mandatory settlement conference statement.

Asked on August 14, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In an action for divorce all assets and debt are considered by the court when the matter comes before the court.  Generally the parties fill out affidavits to that effect listing their income, assets and debt so that it is all before the court in "black and white" so to speak.  Whether or not the timing of the sharing of the information was proper does not negate the fact that the information was properly discussed.  California is a Community Property state meaning that all property of the marriage is split 50/50.  That is true for Community debt as well.  It may be a good idea for you to speak with an attorney at this point in time in order to assess your situation.  Good luck.


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