Divorce and the Statement of Decision
At the Orange County Law Office of David P Schwarz we have litigated many cases where a statement of decision has strongly benefited the outcome of our clients divorce. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at firstname.lastname@example.org.
A Divorce lawyer will make sure upon timely and proper request in a nonjury trial, the court must issue a “statement of decision.” A statement of decision is a formal legal document that explains the factual and legal basis for the court's decision as to each of the principal controverted issues at trial for which the statement was requested.
A statement of decision is primarily important in connection with appellate review and subsequent modifications of judgments:
A Divorce lawyer will help prepare a statement of decision that provides the trial court's reasoning on particular disputed factual and legal issues . It will assist the appellate court's to determine whether or not the trial court's decision is supported by the facts and the law.”
Conversely, the failure to timely request a statement of decision or to contest a defective statement of decision is likely to be fatal to the success of an appeal on controverted issues … such as the valuation of an asset, the computation of attorney fees and accountant's costs awards, or the viability of a laches defense to the enforcement of support arrearages (the appellate court will affirm so long as the judgment was supported by substantial evidence.
At the Orange county Law Office of David P Schwarz we will protect your interest for appealing family law cases. A statement of decision serves to provide a record of the then-existing circumstances (e.g., income and expenses, current income potential, a finding that a spousal support order meets or does not meet the marital standard of living) against which courts may later evaluate whether the “circumstances” have sufficiently “changed” so as to warrant a modification.
The absence of a statement of decision on the parties' existing circumstances may be fatal to subsequent efforts to modify a support award!
A divorce attorney will make sure that A far too common oversight does not occur in your family law case because a failure to file the statement in a timely manner inevitably result in affirmance of the trial court judgment.
Because the failure to timely request a statement of decision on the principal controverted issues cannot be corrected from hindsight, a § 632 request should routinely be made in all contested cases.
At the Orange County law office of David P Schwarz we will make sure you are protected with a statement of decision on all divorce cases. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmailcom.