California Divorce and Family Law
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Learn about divorce and family law in California. Questions about child custody, division of property, or the divorce process? Find useful information here.
Looking for California’s rules on marriage, divorce, child custody, and child support? Want to find California’s state court forms and instructions and local court websites? Here’s where to start.
A divorce is the legal ending of a marriage. Every state has different requirements in terms of how to complete a divorce, but all require a judge to review and approve the divorce settlement or, if the spouses can't agree to a settlement, decide how property will be divided and how parenting time will be shared.
In California, a dissolution of marriage can be granted if the court finds there to be "Irreconcilable differences" that have cause an irrevocable breakdown of the marriage.
In order to ensure its enforceability, any attorney drafting a prenuptial agreement (also referred to as an antenuptial or premarital agreement) should be familiar with the provisions of California’s Premarital Agreement Act and the relevant case law.
Many couples are reluctant to enter into a prenuptial agreement because it seems unromantic and indicates a lack of trust. There are several reasons why this reluctance is misplaced.
In California, a marriage must be licensed, witnessed, and registered.
When you are in the process of a divorce, you may file a joint return only if you are married at the end of the tax year (December 31) and both of you agree.
In California, a summary dissolution is a simple way to get a divorce, providing the possibility of avoiding a trial in court.
When a spouse threatens or takes steps to remove community property from California, the other spouse's lawyer should seek appointment of a receiver.
Getting divorced is challenging in many ways, not the least of which is trying to find your way around the legal process.
In California, a legal separation is not the same as a separation agreement and it is important for couples to understand the difference.
According to the postnuptial agreement California rules, a post nuptial agreement is simply a contract that you sign after marriage.
This men's guide to divorce is intended to inform California men about their rights and the law.
This woman's guide to divorce in California is intended to provide some basic information to women facing impending divorce or contemplating what divorce would mean for them.
For divorcing parents, issues of custody are front and center.
In California, parents can share custody (joint) or one parent can be the only one with custody (sole).
California has a "joint custody" law that encourages judges to award joint "legal custody" to parents.
A custody and visitation plan must be in writing and signed by both parties and a judge to be enforceable.
California State law requires the custodial parent to file a “move-away petition” if they wish to reside elsewhere.
In severely damaged relationships between spouses, another party to the family relationship – the child – may suffer from the continued battles of the parents.
When a divorce occurs or unwed parents break up, California law provides for both parents under most circumstances to retain rights to child visitation.
When parents separate or divorce in California and child custody is contested, the parties can attend child custody mediation to sort out their disagreements.
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on ensuring the “health, safety, and welfare” of the child.
In general, the primary factors the court will consider are how much each parent earns and how much time each parent spends with the children.
State guidelines are the first place you should look if you want to estimate child support for your family.
In California, child support is calculated with a very complex algebraic formula that takes into consideration the parents’ incomes, each parent’s time with the child, and any tax deductions that are available to either parent.
To calculate the minimum amount of child support to be paid by a parent, the law directs the judge to first add up the total net monthly incomes of both parents.
Whether you live in a minimalist apartment and get around on public transit, or own a big house with a two-car garage, you and your spouse probably own a significant amount of property, and if you're like most people, you have debts as well.
Assets and debts spouses acquire during marriage belong equally to both of them
California law defines community property as any asset acquired or income earned by a married person while living with his or her spouse.
In California, Family Code section 910 provides that the community is liable for all debts incurred during the marriage and prior to separation.
In many divorces, the biggest financial question is who gets the family home.
Alimony, spousal support, and maintenance are all words for the same thing: one spouse paying support to the other after a divorce. It's designed to help a lower-earning spouse--or a spouse who's been out of the workforce entirely while raising children or taking care of the household--to get through the divorce process and transition into being self-supporting.
A judge in California may award temporary—or "pendente lite"—support during divorce proceedings, as well as support after a divorce is final.
Spousal support is often awarded at an Order to Show Cause on a temporary basis, where one spouse is unemployed or earning significantly less than the other spouse.
California law says that where a marriage is "of long duration," the court "retains jurisdiction" indefinitely after the divorce is completed, unless the spouses agree otherwise.
Any same-sex couple in America can travel to one of the marriage-equality states and tie the knot. But if a same-sex marriage doesn’t work out, what happens then?
Laws on same-sex marriage have been passed by legislatures, mayors, and clerks. The results of those actions are being ruled on by courts, and much confusion lies ahead.