In Re Marriage of Carter

In January 1969, Mrs. Carter filed a complaint for divorce to terminate the seven-year marriage of the parties. The matter came to trial in January 1970, after the effective date of the new Family Law Act. At trial the parties entered into a stipulation providing for the division of community property. The court took evidence on the remaining issues of support, costs, and fees and (on January 29, 1970) ordered that the community property be distributed in accordance with the oral stipulation.

On February 18, 1970, present counsel for the wife was substituted in the place and stead of her trial counsel and, on February 20, 1970, a request for findings of fact and conclusions of law was filed. The request specifically asked the court to make findings which would list each and every community asset, with their market value and any liens and encumbrances. On its own motion the court denied the request on the ground that it was filed after the 10-day period provided for by rule 232(b), Rules of Court.

On February 26, 1970, prior to entry of the interlocutory decree of divorce, Mrs. Carter filed a notice of motion for the following orders:

In support of the motion,…