Costs of the enforcement proceeding, including attorney's fees, must be assessed against the party denying access to the child. The court must finally dispose of the enforcement proceeding within 60 days after service of the family access complaint upon the party denying access to the child. This substitute requires a party who desires a legal separation rather than a dissolution of marriage to file a petition for legal separation alleging that the marriage is not irretrievably broken and there remains a reasonable likelihood that the marriage can be preserved. Under current law, a party who desires a legal separation must allege in the petition that the marriage is irretrievably broken. A court must enter a judgment of legal separation if, in addition to the findings required prior to entry of a judgment of dissolution, a court finds that there remains a reasonable likelihood that a marriage can be preserved and is not irretrievably broken.
Current law requires a court to enter a judgment of legal separation if either party requests it.
An award of maintenance in a judgment of legal separation is modifiable for good cause and upon a showing of changed circumstances. Before entering a judgment of dissolution of marriage following the entry of a judgment of legal separation, a court must dispose of property or debts acquired by either party after the entry of the judgment of legal separation. This substitute also requires that petitions for legal separation and dissolution of marriage contain the social security numbers of the parties and any minor children. Under current law, this information is not required. Supporters say that this substitute makes necessary changes to child support, child relocation, child access rights, and legal separation statutes.