This sample trial brief is for a California divorce and includes 7 separate headings covering such issues as child support, custody and visitation, spousal support and more.
1. 1 Any Party
Any Street
2 Any Town, CA 55555
3 714-555-5555
4 Petitioner, In Pro Per
5
6
7
8
Superior Court of the State of California
9 County of ______________________
10
11 In re the marriage of: ) Case No.
)
12 Petitioner: _________________________ ) Petitioner’s Trial Brief
)
13 and )
Date:
)
14 Respondent:____________________________ ) Time:
)
) Dept:
15
)
)
16
)
)
17
18
19
20 To subscribe to my FREE California weekly legal newsletter visit
21
http://www.legaldocspro.net/newsletter.htm and enter your e-mail
22
23 address. Be sure to remove this notice and all other notices before
24
using this document.
25
26 1 Petitioner, _____________________________, appearing in propria persona, respectfully
27 submits his Trial Brief:
28 I.
- 1 -
PETITIONER’S TRIAL BRIEF
2. 1 STATISTICAL INFORMATION
2 Date of Marriage: List exact date of marriage, day month and year.
3
Date of Separation: List exact date of separation, day month and year.
4
Length of Marriage: List length of marriage in years and months, for example
5
6
4 years, 4 months.
7 Children: ________________________, born _______________. List all children
8 of this marriage, or relationship along with their date of birth. If no children state there are no
9
children.
10
II.
11
CUSTODY AND VISITATION
12
13 A. HISTORY:
14 On ____________________________ both parties stipulated to Joint Legal and Joint
15
Physical Custody of the minor children, with Primary Physical Custody to the Respondent and
16
visitation as specified in the stipulation. A copy of the Order signed by Judge _______________ and
17
filed on ______________ is attached as Exhibit “A”.
18
19 B. CONTENTIONS:
20 The Petitioner agrees with the Current Custody and Visitation orders.
21
Be sure to modify this and add detail according to your particular situation. List the
22
current custody and visitation orders, and then put down what changes you want, if any. Do
23
NOT just use the wording in this paragraph.
24
25
26
27
III.
28
- 2 -
PETITIONER’S TRIAL BRIEF
3. 1 CHILD SUPPORT
2 A. HISTORY:
3
On _______________ the Court issued an order for the Petitioner to pay the sum of
4
$__________________per month for child support, payable one-half on the first and one-half on the
5
6
fifteenth of each month commencing ___________. A copy of the Order on Order to Show Cause is
7 attached as Exhibit “B”.
8 B. ISSUES:
9
As shown on Page 3 of Exhibit “B” the support orders were based upon a Chambers
10
Conference in which the Court would not impute income to the Respondent. However, the Court
11
indicated that the Respondent should be gainfully employed within 90 days. The Respondent has
12
13 failed to seek gainful employment.
14 C. CONTENTIONS:
15
To purchase and download the entire trial brief visit:
16
17 http://www.scribd.com/doc/25869129/Sample-Trial-Brief-for-Divorce-case
18
19
20
21
22
23
24
25
26
27
28
- 3 -
PETITIONER’S TRIAL BRIEF
4. 1 CHILD SUPPORT
2 A. HISTORY:
3
On _______________ the Court issued an order for the Petitioner to pay the sum of
4
$__________________per month for child support, payable one-half on the first and one-half on the
5
6
fifteenth of each month commencing ___________. A copy of the Order on Order to Show Cause is
7 attached as Exhibit “B”.
8 B. ISSUES:
9
As shown on Page 3 of Exhibit “B” the support orders were based upon a Chambers
10
Conference in which the Court would not impute income to the Respondent. However, the Court
11
indicated that the Respondent should be gainfully employed within 90 days. The Respondent has
12
13 failed to seek gainful employment.
14 C. CONTENTIONS:
15
To purchase and download the entire trial brief visit:
16
17 http://www.scribd.com/doc/25869129/Sample-Trial-Brief-for-Divorce-case
18
19
20
21
22
23
24
25
26
27
28
- 3 -
PETITIONER’S TRIAL BRIEF
5. 1 CHILD SUPPORT
2 A. HISTORY:
3
On _______________ the Court issued an order for the Petitioner to pay the sum of
4
$__________________per month for child support, payable one-half on the first and one-half on the
5
6
fifteenth of each month commencing ___________. A copy of the Order on Order to Show Cause is
7 attached as Exhibit “B”.
8 B. ISSUES:
9
As shown on Page 3 of Exhibit “B” the support orders were based upon a Chambers
10
Conference in which the Court would not impute income to the Respondent. However, the Court
11
indicated that the Respondent should be gainfully employed within 90 days. The Respondent has
12
13 failed to seek gainful employment.
14 C. CONTENTIONS:
15
To purchase and download the entire trial brief visit:
16
17 http://www.scribd.com/doc/25869129/Sample-Trial-Brief-for-Divorce-case
18
19
20
21
22
23
24
25
26
27
28
- 3 -
PETITIONER’S TRIAL BRIEF
6. 1 CHILD SUPPORT
2 A. HISTORY:
3
On _______________ the Court issued an order for the Petitioner to pay the sum of
4
$__________________per month for child support, payable one-half on the first and one-half on the
5
6
fifteenth of each month commencing ___________. A copy of the Order on Order to Show Cause is
7 attached as Exhibit “B”.
8 B. ISSUES:
9
As shown on Page 3 of Exhibit “B” the support orders were based upon a Chambers
10
Conference in which the Court would not impute income to the Respondent. However, the Court
11
indicated that the Respondent should be gainfully employed within 90 days. The Respondent has
12
13 failed to seek gainful employment.
14 C. CONTENTIONS:
15
To purchase and download the entire trial brief visit:
16
17 http://www.scribd.com/doc/25869129/Sample-Trial-Brief-for-Divorce-case
18
19
20
21
22
23
24
25
26
27
28
- 3 -
PETITIONER’S TRIAL BRIEF