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Sample Trial Brief for Divorce Case

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This sample trial brief is designed for use in a divorce case in California. It can also be modified for use as a Mandatory Settlement Conference brief. The author is a freelance paralegal with over 14 years of experience in California family law matters, including divorces and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided. This sample trial brief is designed for use in a divorce case in California. It can also be modified for use as a Mandatory Settlement Conference brief. The author is a freelance paralegal with over 14 years of experience in California family law matters, including divorces and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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									 1   Any Party
     Any Street
 2   Any Town, CA 55555

 3   714-555-5555

 4   Petitioner, In Pro Per

 5

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                                    Superior Court of the State of California
 9                                   County of ______________________

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11   In re the marriage of:                         )   Case No.
                                                    )
12   Petitioner: _________________________          )   Petitioner’s Trial Brief
                                                    )
     and                                            )
13                                                      Date:
                                                    )
     Respondent:____________________________        )   Time:
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                                                    )
                                                    )   Dept:
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                                                    )
                                                    )
16                                                  )
                                                    )
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             Petitioner, _____________________________, appearing in propria persona, respectfully
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     submits his Trial Brief:
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                                                        I.
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                                     STATISTICAL INFORMATION
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             Date of Marriage:     List exact date of marriage, day month and year.
24

25           Date of Separation:   List exact date of separation, day month and year.

26           Length of Marriage: List length of marriage in years and months, for example
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     4 years, 4 months.
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                                                  - 1 -
                                        PETITIONER’S TRIAL BRIEF
 1          Children: ________________________, born _______________. List all children

 2   of this marriage, or relationship along with their date of birth. If no children state there are no
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     children.
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                                                     II.
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                                      CUSTODY AND VISITATION
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 7          A.     HISTORY:

 8          On ____________________________ both parties stipulated to Joint Legal and Joint
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     Physical Custody of the minor children, with Primary Physical Custody to the Respondent and
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     visitation as specified in the stipulation. A copy of the Order signed by Judge _______________ and
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     filed on ______________ is attached as Exhibit “A”.
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13          B.     CONTENTIONS:

14          The Petitioner agrees with the Current Custody and Visitation orders.
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            Be sure to modify this and add detail according to your particular situation. List the
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     current custody and visitation orders, and then put down what changes you want, if any. Do
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     NOT just use the wording in this paragraph.
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19                                                 III.

20                                           CHILD SUPPORT
21          A.     HISTORY:
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            On _______________ the Court issued an order for the Petitioner to pay the sum of
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     $__________________per month for child support, payable one-half on the first and one-half on the
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     fifteenth of each month commencing ___________. A copy of the Order on Order to Show Cause is

26   attached as Exhibit “B”.
27          B.     ISSUES:
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                                                  - 2 -
                                        PETITIONER’S TRIAL BRIEF
 1          As shown on Page 3 of Exhibit “B” the support orders were based upon a Chambers

 2   Conference in which the Court would not impute income to the Respondent. However, the Court
 3
     indicated that the Respondent should b
								
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