Legal Question in Family Law in California

Divorce mediation inclusions

I'm currently in pro per and going to court ordered mediation soon. My wife's attorney wants to include premarital claims as part of this mediation/settlement as a stipulation. In CA does a divorce include anything premarital as a condition of divorce? Her attorney stated that she has case law on the matter, but has not produced it yet. I've told her I would not agree to this and it would require a return to the court for ruling. Am I correct and are there any resources I can use in this regard?


Asked on 6/19/07, 2:41 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Divorce mediation inclusions

The answer to your question is too complex to be handled over the internet. Many questions must be

ask and answered before any advice can be given to you. You need to sit down with a family law

attorney and go over the entire family situation and assets and he can give you some general ideas about

what will happen. In particular the issue of premarital claims is unclear. Generally, anything other that the community property issues, support and custody are the only issues litigated, but it is possible for a judge to allow other issues. I suggest that you retain an attorney. Good Luck, Pat McCrary

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Answered on 6/19/07, 5:04 pm


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