Dissolution of marriage: proceedings.

(1) Existing law requires each party to a proceeding for dissolution or nullity of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, after or concurrently with service of the petition for dissolution. This bill instead would require the petitioner to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or within 60 days of filing the petition, and would require the respondent to serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition or within 60 days of filing the response, unless those time periods are extended by written agreement of the parties or by court order. The bill also would require the preliminary declaration of disclosure of assets to include all tax returns filed by the declarant within the 2 years prior to the date that the party served the declaration. (2) Existing law governs determinations of child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of the child, and under the Domestic Violence Prevention Act. Under existing law, a court is authorized to appoint private counsel to represent the child's interests in a custody or visitation proceeding if the court determines that appointing counsel would be in the best interest of the child. The child's appointed counsel is required to gather and present facts that bear on the best interest of the child, including the child's wishes if the child so desires. Under existing law, the court is required to consider a statement of issues and contentions of the child's counsel when the court determines custody or visitation. This bill would eliminate the requirement that the court consider a child's attorney's statement of issues and contentions when the court determines custody or visitation. (3) Existing law authorizes the court, in dissolution of marriage, nullity of marriage, legal separation, and child custody and visitation proceedings, to order any party, except a governmental entity, to pay the amount reasonably necessary for attorney's fees and for the cost of maintaining or defending the proceeding, subject to augmentation or modification from time to time and before entry of judgment. Under existing law, a party who lacks the financial ability to hire an attorney may ask the court, as an in pro per litigant, to order the other party to pay a reasonable amount to allow the unrepresented party to retain an attorney in a timely manner. This bill would require the court, in addressing a request for attorney's fees and costs in child custody and visitation proceedings, to order attorney's fees and costs for an in pro per litigant if the court finds that there is a disparity in access to funds to retain counsel and that one party is able to pay for the legal representation of both parties.