What's New in Family Law?
COVID-19 COURT CLOSURES:
LOS ANGELES COUNTY:
Per order of the Judge Brazil, Presiding Judge of LA County:
From April 17, 2020 until May 12, 2020, inclusive, all courtrooms will remain closed for judicial business, except for the following time-sensitive, essential functions :
a. Civil Temporary Restraining Orders
b. Family Temporary Restraining Orders
d. Family Ex Parte Proceedings
e. Hague Convention (International Kidnapping)
f. Probate Ex Parte Hearings
g. Probate Emergency Petitions for Temporary Conservatorship
h. Probate Emergency Petitions for Temporary Guardianship
i. Riese Hearings
j. Search Warrants
k. Arraignments
l. Criminal Preliminary Hearings
m. Criminal Ex Parte Hearings
n. Bail Bond and Cash Bail Processings
o. Bail Review
p. Criminal Mental Competency Hearings
q. Criminal Sentencing Proceedings
r. Criminal Post-Sentencing Proceedings
s. Grand Jury Indictments
t. Juvenile Ex Parte Orders
u. Emergency Orders Relating to the Health and Safety of a Child
v. Juvenile Restraining Orders
w. Juvenile Delinquency Detention Hearings and related case processing
x. Juvenile Dependency Detention Hearings and related case processing
y. Petitions for Writ Seeking Emergency Relief in Misdemeanor, Limited Civil and Infractions
z. Emergency Writs Challenging COVID- 19 Emergency Measures
aa. Writs of Habeas Corpus Challenging Medical Quarantines
bb. Emergency Protective Orders
cc. Proceedings under the Lanterman-Petris-Short (“LPS”) Act
dd. Judicial Commitments for Dangerous Persons based on Mental Health Conditions
ee. Parole and Post-Release Community Supervision Revocation Hearings
ff. Juvenile Delinquency Adjudications and Dispositions, and related case processing
gg. Juvenile Petitions pursuant to Welfare and Institutions Code section 388 (e )(per 4 Emergency Rule No. 6)
hh. Expedited Petitions to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability Pursuant to California Rule of Court 7.950.5, if no hearing is required
ii. Writ proceedings under Welfare and Institutions Code sections 4800-480 seeking release by persons judicially committed to a state hospital, development center, or other facility
2. NOTICE IS HEREBY GIVEN THAT ALL OTHER MATTERS WILL BE CONTINUED BY THE COURT. The parties shall receive further notice stating the specific time and date of the continuance in their cases.
Dividing Military Pensions in Divorce
On December 23, 2016, the President signed the National Defense Authorization Act for Fiscal Year 2017, which contained a little-known provision that applied to the division of military retired pay. Congress rewrote the Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408) to require that the pension of a member not yet retired on the date of the divorce to be divided as though the member was retired on that date.
