California Family Law: Key Statutes Explained

California Codes (Family, Civil, Penal, etc.): The California Codes are collections of laws passed by the state legislature, which outline the rights, responsibilities, and procedures for the public and governmental operations. The Family Code, for instance, covers legal matters related to family relations including divorce, custody, and domestic violence. Similarly, the Civil Code governs non-criminal disputes such as property and contractual issues, while the Penal Code deals with criminal law and offenses.

California Rules of Court: The California Rules of Court are procedural rules adopted by the judiciary that dictate how courts operate and how cases are handled procedurally. These rules ensure consistency and fairness in how legal cases are processed and include guidelines on everything from filing documents to conducting trials. They are designed to complement the laws found in the Codes, providing the framework for how legal principles are practically applied in courts.

Joint Custody: Family Code section 3002

This section defines joint custody as joint physical custody and joint legal custody.

Joint Legal Custody: Family Code section 3003

This section states that joint legal custody means that both parents shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.

Joint Physical Custody: Family Code section 3004

This section states that joint physical custody means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents, subject to Sections 3011 and 3020.

Sole Legal Custody: Family Code section 3006

This section states that sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education, and welfare of a child.

Sole Physical Custody: Family Code section 3007

This section states that sole physical custody means that a child shall reside with and be under the supervision of one parent, subject to the power of the court to order visitation.

Parents are Equally Entitled to Custody: Family Code section 3010

This section states that both parents are equally entitled to the custody of the child (except in cases where one parent is dead, is unable or refuses to take custody, or has abandoned the child).

Best Interests of Children Standard: Family Code section 3011

This section outlines the factors that the court considers when determining what is in the best interest of the child.

Participation of Parents Who Are Detained in Custody Cases for Immigration Issues: Family Code section 3012

This section outlines the custody rights of any parents that are detained due to immigration or visa issues.

Policy excluding sex, gender expression, and sexual orientation from determinations of the best interest of the child: Family Code section 3020

The goal of California’s public policy is to ensure that the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative is not considered in determining the best interests of the child.

Policy Favoring Frequent and Continuing Contact with Children: Family Code section 3020(b)

The court favors ensuring that children have frequent and continuing contact with both parents, so long as it is in the best interest of the child’s health, safety, and welfare.

Basis for Court's Custody Decision: Family Code section 3022.3

Following a custody trial, at the request of either party, the court, in a statement of decision, shall state the factual and legal reasons for its decision.

Court Response to Allegations of Child Abuse: Family Code section 3027

If the court receives allegations of child abuse, including sexual abuse, the court has the power to take any temporary actions it deems necessary to protect the child’s safety until an investigation can be completed.

Order of Preference for Child Custody: Family Code section 3040

This section identifies to whom a court shall award the custody of a child in a preferred order, and the factors a court shall also consider in making a custody decision, one such factor being which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent.

Custody of Children to Non-Parents: Family Code section 3041

The court will prioritize awarding custody to a parent over a non-parent unless it is proven that doing so would be detrimental to the child’s best interest.

Orders for Drug Testing: Family Code section 3041.5

In assessing the best interests of a child in a custody proceeding, the court has the power to order any parent seeking custody or visitation of their child to undergo testing for drug use or the excessive consumption of alcohol if there is a preponderance of evidence that the parent has a habitual, frequent, or continual illegal use of controlled substances or abuse of alcohol.

Child’s Parental Preference and Testifying in Custody Orders: Family Code section 3042

The court shall consider, and give due weight to, the wishes of a child of sufficient age and capacity when issuing custody or visitation orders, and may permit a child to testify as to his/her preference, subject to specified conditions.

• Rules for Child Testimony Regarding Parental Preference: California Rules of Court, Rule 5.250

  This section outlines the applicable court rules for child testimony in court with regard to parental preference in custody and visitation matters.

Presumptions Against Custody for Domestic Violence Perpetrators: Family Code section 3044

If a parent has committed domestic violence against their spouse or children, the law typically assumes that granting that parent sole or joint custody is not in the best interest of the child. This assumption stands unless shown otherwise through a preponderance of evidence.

Note, in the context of Family Code Section 3044, "preponderance of the evidence" means that it is more likely than not that the facts being asserted by the party are true. This standard is often described as requiring that the evidence be sufficient to make it more likely than not that the claim is true, or that the evidence on one side outweighs the evidence on the other side. This standard is less stringent than "beyond a reasonable doubt," which is used in criminal cases, but more demanding than "clear and convincing evidence.”

No Consideration of Absence or Relocation in Granting Custody: Family Code section 3046

This section outlines how the court views, in custody proceedings, a parent’s relocation and attempted move-aways, or the absence of a parent where there is no intent to abandon a child. Part of this statute may be interpreted to preserve the parental rights of parents who flee due to domestic violence.

Temporary Custody and Right to Hearing Within 20 Days: Family Code section 3062

The court has the power to enter an ex parte (emergency) temporary custody order, set a hearing date within 20 days, and issue an order to show cause.

Temporary Custody and No Removal From State: Family Code section 3063

In ex parte custody proceedings, the court has the power to order a custodial parent not to leave the state with their children prior to a hearing on custody and visitation when temporary custody orders are in place.

Limits on Ex Parte Change of Custody Orders: Family Code section 3064

Orders on custody may only be granted on an ex parte basis when the court has found a risk of immediate harm to the child or immediate risk that the child will be removed from the State of California.

Presumption When Parents Agree to Joint Custody Orders: Family Code section 3080

There exists a presumption that joint custody is in the best interest of a minor child when the parties have agreed to it, either in writing or verbally in an open court during a hearing on custody and visitation.

Power of Court to Order Joint Custody: Family Code section 3081

This section outlines the power of the court to grant joint custody.

Court's Statement of Reasons for Grant or Denial of Joint Custody: Family Code section 3082

At the request of either party, in issuing an order granting or denying a joint custody the court shall issue a statement of decision which explains the “factual and legal basis for its decision.”

Circumstances Where Joint Consent of Parents Required: Family Code section 3083

When issuing joint legal custody orders, the court must specify which decisions/issues/circumstances necessitate the consent of both parents.

Appointment of Minor's Counsel: Family Code section 3150

The court has the power to appoint private counsel to represent a child in a custody or visitation proceeding if it determines that it would be in the best interest of the minor child.

Role and Powers of Minor's Counsel: Family Code section 3151

This section outlines the role and powers of minor’s counsel.

Family Court Custody Mediators: Family Code section 3183

This section outlines the role and powers of Family Court Custody Mediators, who are employees of the court that meet with parents to assist them in attempting to reach an agreement on custody and visitation disputes without going to court. In some California counties, Mediators make recommendations to the court when the parents cannot agree.

Separate Custody Counseling Where History of DV or Abuse: Family Code section 3192

In a proceeding in which counseling is ordered and the court has found a history of abuse against the child by either parent or by one parent against the other, the court has the power to order the parties to participate in counseling separately and at separate times.

California UCCJEA Definitions: Family Code section 3402

This section defines terms used in the Uniform Child Custody Jurisdiction Enforcement Act, an act that governs interstate custody matters.

California UCCJEA Jurisdiction Requirements: Family Code section 3421

This section outlines the factors used to determine which state has jurisdiction over a case in an interstate custody matter.

California Exclusive Custody Jurisdiction Under UCCJEA: Family Code section 3422

This section outlines California’s rules for asserting jurisdiction over a case where issues of custody have been initiated in another state.

California Temporary Emergency Jurisdiction Under UCCJEA: Family Code section 3424

California courts have the power to assert emergency jurisdiction over parents and children while the larger jurisdictional issues get sorted out.

Declining UCCJEA Jurisdiction on Ground of Inconvenient Forum: Family Code section 3427

California courts have the power to decline jurisdiction over a custody proceeding upon a determination that the evidence as to the best interests of a child exist in another state.

Right of Parent to Change Residence of Child (Move-Away): Family Code section 7501

This section is based on the Burgess rule, which (1) creates the right of the custodial parent to move away with their child unless it is detrimental to the child’s best interest and (2) empowers the court to require that a parent provide the other parent notice of their intent to change the child's residence at least 45 days before the move takes place (so as to allow time for mediation of a new agreement concerning custody).

Duration of Child Support Orders: Family Code section 3601

Child support orders will continue in effect until they are (1) terminated by the court or (2) terminated by operation of law.

Effect of Reconciliation on Child Support Orders: Family Code section 3602

Unless otherwise specified, child support orders issued during the divorce process are unenforceable during any period that the parties have reconciled and are living together.

Set Aside of Child Support Orders or Arrears: Family Code section 3651

This section outlines certain circumstances when support orders may be modified or terminated, and addresses the applicable procedures for a military service member to follow to obtain a modification/stay of child support when being deployed.

Mandatory Statement of Decision on Support Modification or Set Aside: Family Code section 3654

At the request of either party, an order modifying, terminating, or setting aside a support order shall include a statement of decision in which the trial court explains the “factual and legal basis for its decision.”

Equal Duty of Parents to Support Child: Family Code section 3900

Both parents of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.

Duration of Duty of Parents to Support Child: Family Code section 3901

The duty to support a child who is not incapacitated ends when the child completes the 12th grade or attains 19 years of age, whichever occurs first.

Duty of Both Parents to Support Incapacitated Child: Family Code section 3910

Both parents have an equal duty to support/maintain, to the extent of their ability, a child of any age who is incapacitated from earning a living and without sufficient means.

No Duty of Grandparents to Support Grandchildren: Family Code section3930

A parent does not have the duty to support a child of the parent’s child.

Retroactive Child Support: Family Code section 4009

Family courts can make child support orders retroactive to the date of filing the petition, complaint, or other initial pleading.

Statewide Guideline Child Support Formula: Family Code section 4050/4055

California intends to comply with federal regulations for uniform support obligations, and section 4055 provides the specific formula the state uses to calculate guideline child support.

Departures from Guideline CS Formula: Family Code section 4052

The court may issue support orders that depart from the guideline amount only in the special circumstances set forth in Article 2 of the Family Code.

New-Mate Income: Family Code section 4057.5

New-mate income (i.e., the income of either party’s new spouse or non-marital partner) shall not be considered by court in connection with determining child support.

Gross Income for Purposes of Child Support: Family Code section 4058

This section defines the annual gross income of each parent.

Net Disposable Income for Purposes of Child Support: Family Code section 4059

This section defines the annual net disposable income of each parent.

Additional Child Support Orders: Family Code section 4062

This section outlines what the court shall order as additional child support–i.e., what types of costs/expenses shall be deemed additional child support.

Child Support Orders Based Upon Fluctuating Income: Family Code section 4064

The court has the power to adjust the child support order as appropriate to accommodate seasonal or fluctuating income of either parent.

Family Support Orders - Making Child Support Deductible: Family Code section 4066

Child support orders may be combined with spousal support orders and designated as “family support” orders for the purposes of increasing tax deductibility. The amount of the order shall be adjusted to maximize the tax benefits for both parents.

In the context of Family Code Section 4066, tax deductibility relates to how tax benefits from claiming dependents are allocated between parents, rather than direct deductibility of child support payments. The strategic assignment of tax exemptions can be used as a tool to balance the financial contributions and benefits between parents, directly impacting their overall financial planning and obligations.

Date of Separation: Family Code section 70

This section defines the date of separation, which is crucial in determining both the length of marriage/domestic partnership.

No Interest in the Other's Separate Property: Family Code section 752

Except as otherwise provided by statute, neither spouse/partner has any interest in the separate property of the other.

Definition of Community Property: Family Code section 760

This section defines community property.

Definition of Separate Property: Family Code section 770

This section defines separate property.

Earnings and Accumulations During Separation: Family Code section 771

A spouse’s/partner’s earnings and accumulations after the date of separation are their separate property.

Transmutation of Property: Family Code Section 852

This section outlines requirements for the validity of property transmutations, including written declaration by the affected spouse and recording for real property's effectiveness against third parties.

Liability of Marital (Community) Property For Debts of Spouses Incurred Before or During Marriage: Family Code section 910

Except as otherwise provided by statute, community property assets can be used to pay a debt incurred by either spouse/partner before or during marriage/domestic partnership.

Liability of Earnings on Deposit for Premarital Debt of Other Spouse: Family Code section 911

Community property earnings are not liable for any debts incurred prior to the marriage so long as the monies are not commingled in a joint bank account, and are maintained in an account solely in the name of the non-debtor spouse.

Liability of Community Property For Debts Paid or Payable After Marriage But Before Separation: Family Code section 913

A married person's separate property is liable for that person’s own separate debts whether incurred before or during the marriage.

Liability of Spouses for Necessaries of Life During Marriage and After Separation: Family Code section 914

This section outlines for which debts a married person is personally liable if incurred by their spouse during the marriage, and certain circumstances when the non-debtor spouse may be entitled to reimbursement from the debtor spouse for debts paid on the debtor spouse’s behalf.

Reimbursements Between Spouses for Debts: Family Code section 920

This section outlines a spouse’s right of reimbursement and the timeline of when it must be exercised.

Dividing the Community Estate: Family Code section 2550

Unless otherwise agreed upon by both spouses under certain provisions, the court has the power to divide the community estate (property) of the parties equally.

Date of Valuation of Assets and Liabilities: Family Code section 2552

Unless otherwise provided by statute, for the purposes of property division, the court shall value each party’s assets and debts as near as close to the time of trial as possible.

Family Code Section 2640

Outlines the reimbursement rights for contributions made by spouses to the acquisition of property, specifying conditions and limitations for such reimbursements.

Ownership of Joint Deposit Bank Accounts: Probate Code section 5305

The net contribution to a married couple’s joint deposit bank account is presumed to be their community property, with certain exceptions.

California Domestic Partnerships: Family Code section 297

This section defines domestic partnerships.

Same Rules Apply to Domestic Partners as Married Persons: Family Code section 297.5

The same rules that apply to marriages apply to domestic partnerships.

Domestic Partnerships from Other Jurisdictions: Family Code section 299.2

Domestic partnerships established in other jurisdictions will be recognized as domestic partnerships in California.

Matters to be Considered in Granting Custody: Family Code section 3044

It is presumed that it is against a child’s best interest for a court to award joint legal and joint physical custody of a child to a parent who has been found to have committed domestic violence. This section addresses the factors that a perpetrator of domestic violence must satisfy in order to overcome this presumption.

No Consideration of Absence or Relocation in Granting Custody: Family Code section 3046

This section outlines those circumstances when a court shall not negatively view a parent’s absence from or attempt to relocate from the family residence as it relates to child custody/visitation, a key factor being that the circumstances do not demonstrate an intent to abandon a child. This section appears to preserve, in part, preserve the rights of parents who flee due to domestic violence.

Definitions of "Abuse" Constituting Domestic Violence: Family Code section 6203

This section outlines that the following abusive behaviors constitute domestic violence:

1. To intentionally or recklessly cause or attempt to cause bodily injury.

2. Sexual assault.

3. To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

4. To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

Abuse is not limited to the actual infliction of physical injury or assault.

This section must be read in conjunction with Section 6320 below.

Who Are Victims of Domestic Violence?: Family Code section 6211

This section defines the categories of individuals who may seek protection for abuse/domestic violence:

- A spouse or former spouse

- A cohabitant or former cohabitant

- A person with whom the respondent is having or has had a dating or engagement relationship

- A person with whom the respondent has had a child

- A child of a party

- Any other person related by consanguinity or affinity within the second degree

What is a Domestic Violence (“DV”) Protective Order?: Family Code section 6218

This section defines a domestic violence protective order.

What is an Emergency DV Protective Order?: Family Code section 6250

This section defines an emergency domestic violence protective order.

Requirements for Emergency Protective Orders: Family Code section 6251

This section outlines the requirements that must be met for an emergency protective order to be issued.

Confidentiality of Location of DV Victims: Family Code section 6252.5

The court has the power to prohibit a restrained party from taking any action to obtain the address or location of a protected party or a protected party’s family members, caretakers, or guardians.

Support Persons for DV Victims: Family Code section 6303

In a domestic violence case, a person who claims to be the victim of domestic violence may choose a support person to provide moral and emotional support. The support person does not need to have any special training or qualification. The support person may sit with the person who is seeking protection at court hearings if the person seeking protection does not have a lawyer. The support person may not give legal advice or advocate for the person seeking protection at the hearing. The support person can also go with the protected person to custody mediation or orientation to mediation. The court has the discretion to limit the support person’s involvement in any aspect of the proceeding.

Good Cause for Issuance of Ex Parte Protective Orders: Family Code section 6320

This section identifies the types of abusive conduct that may be the basis for a court issuing an ex parte (i.e., emergency) domestic violence restraining order. This section should be read in conjunction with Section 6203 above.

Hearings and Service of DV Pleadings: Family Code section 6320.5

Domestic violence cases must be heard in 20 days and be served on the restrained party no less than 5 days before the hearing. Additionally, if ex parte orders are denied, the court must state why they refused to grant them on the application.

Right to One Continuance of DV Hearing: Family Code section 245

The restrained party has the right to request one continuance (aka, rescheduling the hearing) for good cause, such as needing more time to respond to the petition.

Residence Exclusion and "Kick-Out" Orders: Family Code section 6321

The court has the power to restrain or exclude a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child, regardless of who has the legal title/who is on the lease.

Temporary Custody Orders in DV Cases: Family Code section 6323

This section outlines provisions regarding temporary custody in domestic violence proceedings, in which the court may issue no-contact and no-visitation orders in its temporary domestic violence restraining order.

Orders After Notice and Handling Evasive Respondents in Domestic Violence Cases: Family Code section 6340

This section details the court's ability to issue orders after notice and a hearing in domestic violence situations, addressing considerations for the safety of the petitioner and children, methods for notifying a respondent who evades service, and requirements for the court to provide reasons if a petition is denied.

Relevant Penal Codes for Cases Involving Domestic Violence:

Understanding the definitions and implications of specific penal codes can aid individuals in identifying behaviors that might be legally categorized as abuse in the context of domestic violence. Below is a list of California Penal Codes that are frequently referenced in domestic violence situations. Each section offers a legal definition that is essential to the state's understanding of various acts.

Murder: Penal Code Section 187

Mayhem: Penal Code Section 203

Kidnapping: Penal Code Section 207

False Imprisonment: Penal Code Section 236

Battery: Penal Code Section 243(e)

Rape: Penal Code Section 261

Spousal Rape: Penal Code Section 262

Spousal Abuse/Criminal Charges Domestic Violence: Penal Code Section 273.5:

This is the felony criminal statute that domestic violence perpetrators are charged with.

Violation of a restraining order: Penal Code Section 273.6

Terrorist threats: Penal Code Section 422

Burglary: Penal Code Section 459

Animal abuse: Penal Code Section 597

Stalking: Penal Code Section 646.9

Threatening or harassing phone calls: Penal Code Section 653m

Support Orders, When Ten Percent Interest Begins: Code of Civil Procedure section 685.010

Interest on delinquent (late) support payments accrues at 10% per year from the date each installment is due.

Enforcing Judgments and Support Orders: Family Code section 290

The court has the power to enforce support orders by execution, contempt, the imposition of a receiver, or any other way the court deems necessary.

Child Support Interest Penalties: Family Code section 4722

This section addresses child support that is delinquent 30 days or more, and outlines the procedure that the party receiving child support may follow to get interest on the delinquent child support–6% per month, for up to a maximum of 72% of the overdue balance.

Using a Writ of Execution for Divorce and Support Judgments: Family Code section 5104

This section outlines what must be attached to a Writ of Execution application for child support.

Wage Garnishment

Using Earnings Assignment Orders to Collect Child and Spousal Support: Family Code section 5230

A party has a right to an earnings assignment order in any matter in which child or spousal support orders are granted. The earnings assignment (aka, wage garnishment) tells the employer of the person ordered to pay support to take the support payments out that person's wages.

Liability of Employers Who Fail to Comply with Wage Assignments: Family Code section 5241

Employers that fail to comply with earnings assignments or wage garnishments can be held personally liable for unpaid support.

Giving Notice of an Ex Parte Application: Family Code section 241

A request for an ex parte restraining order may not be granted without notice to the restrained party unless the protected party’s declaration provides sufficient evidence that great or irreparable injury to the protected party would result if notice is given. In laymen’s terms, when someone requests an emergency order without informing the other party first (referenced here as an 'ex parte' order), the court will only grant this request if the person seeking protection can clearly show there's a real risk of serious harm if the other party is notified ahead of time. This means they must provide convincing evidence that waiting to notify the other party could lead to significant or irreversible damage.

Hearing Deadlines on Ex Parte Applications: Family Code section 242

A hearing must take place no later than 25 days following the ex parte issuance of a temporary restraining order.

Requests for Continuances of Ex Parte Hearings: Family Code section 243

Following the issuance of ex parte orders, the protected party must be ready to proceed, but the court may grant the restrained party one continuance for good cause (such as needing more time to respond to the petition).

Right to Continue Hearings Where Any Temporary Orders Issued: Family Code section 245

This section reiterates the right to one continuance for good cause, as stated above, but also provides that any temporary orders issued may also be extended to the new hearing date.

Court Ruling on Ex Parte Requests: Family Code section 246

Ex parte requests for orders must be reviewed and granted/denied on the same day as filing (unless the request was filed too late in the day to be properly reviewed, in which case it will be reviewed and granted/denied the following business day).

Ex Parte Property Restraint Orders: Family Code section 2045

The court has the power to issue ex parte orders restraining a party from transferring, encumbering, hypothecating, concealing, or disposing of any property, as well as require that party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures.

Time for Giving Notice of Your Ex Parte Filing: California Rules of Court, Rule 3.1203

A party seeking an ex parte order must notify all applicable parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

Declaration of Giving Notice of an Ex Parte Filing: California Rules of Court, Rule 3.1204

This section outlines the requirements regarding the information that must be provided when giving ex parte notice to another and that must be contained in a declaration affirming the information provided to the recipient of an ex parte notice.

Filing Ex Parte Applications with Court Clerk: California Rules of Court, Rule 3.1205

The clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.

Time for Serving Ex Parte Papers: California Rules of Court, Rule 3.1206

Parties appearing at an ex parte hearing must serve the ex parte application, or any written opposition, on all other parties appearing at the hearing at the first reasonable opportunity.

Grounds for Motions to Continue: California Rules of Court, Rule 3.1332

This section outlines the grounds and other factors a court will consider in connection with a motion to continue a trial.

Civil Procedural Rules Generally Apply to Family Law Cases: Family Code section 210

All procedural and evidence statutes apply to family law proceedings.

Serving Post-Judgment Motions to Modify Orders: Family Code section 215

A post-judgment motion to modify a custody, visitation, or child support order may be served on the other party by first-class mail or airmail, postage prepaid. Additionally, for any party served by mail, the proof of service shall include an address verification.

Joinder of Third Parties in Family Law Cases: Family Code section 2021

The court has the power to order that a person who claims an interest in the proceeding be joined as a party to the proceeding.

Notifying Health, Life and Disability Insurers Not To Cancel Policies: Family Code section 2050

Parties have the power to transmit to, and courts have the power to order transmittal to, a health, life, or disability insurance carrier or plan. This section also outlines the specific language to be used when giving notice to the other party.

California Residency Requirements for Filing Dissolution or Legal Separation: Family Code Section 2320

This section outlines the residency requirements for filing for divorce, dissolution of domestic partnership, or legal separation in California.

1. At least one party has been a resident of this state for six months and of the county in which the proceeding is filed for the three months preceding the filing of the petition.

2. The domestic partnership was established in California, regardless of whether the parties currently reside there.

3. The parties are a same-sex couple that were married in California and now reside in a jurisdiction that will not recognize, and likewise not dissolve, the marriage.

Requirements for Bifurcating Marital Status: Family Code section 2337

This section outlines the requirements for bifurcating marital status (when marital status is terminated before the conclusion of the entire case), as well as what orders must be issued upon bifurcation.

Requirement That Both Parties Consent to Legal Separation: Family Code section 2345

Both parties to a case must consent to legal separation, unless one party has not made a general appearance and the petition is one for legal separation.

Enforcing Out of Court Settlements: Code of Civil Procedure section 664.6

A settlement between parties may be enforced as a judgment if it meets the criteria of this section.

Requirement to Meet and Confer Before RFO Hearings: California Rules of Court, Rule 5.98

Both parties must meet and confer (in other words, talk/communicate with one another to try to resolve a contested matter or at least attempt to limit the issues in conflict) prior to any Request for Order Hearings.

Length of Family Court Pleadings: California Rules of Court, Rule 5.111

This section outlines the court’s requirements for the length, form, format, and content of Request for Order (form FL-300) or Responsive Declaration (FL-320) declarations, as well as the requirements and timeline for objections to declarations.

Requirement that Pleadings Not Include Confidential Financial Identifiers: California Rules of Court, Rule 1.201

Pleadings must not contain whole social security or financial account numbers.

Basic Statute Establishing Fiduciary Duties Between Spouses: Family Code section 721

This section establishes that spouses owe to each other a fiduciary duty and provides for the scope of that duty.

Rights to Management and Control of Property: Family Code section 1100

Spouses have the equal right to manage community property, subject to certain conditions set forth in this section. This section outlines restrictions placed on spouses in management and disposal of community property.

Remedies for Breach of Fiduciary Duty: Family Code section 1101

This section outlines the remedies available against a spouse who has breached their fiduciary duty.

Duty to Disclose All Assets and Liabilities: Family Code section 2100

Parties to a divorce, dissolution of domestic partnership, or legal separation must provide each other with a full and accurate disclosure of all assets and liabilities (debts) in which one or both parties have an interest, investment opportunities, as well as that party’s income and expense information. The parties are obliged to update material changes in this information.

Fiduciary Duties After Separation: Family Code section 2102

Spouses’ fiduciary duty to one another continues after separation until all assets and liabilities are properly divided.

Service of Preliminary Declarations of Disclosure: Family Code section 2103

Unless otherwise waived, parties to a divorce, dissolution of domestic partnership, or legal separation must provide each other a preliminary and a final declaration of disclosure reflective of all the marital assets, debts, opportunities, and other material facts and information necessary to make informed decisions about property division.

What Preliminary Declarations of Disclosure Must Contain: Family Code section 2104

This section identifies the information that a party’s preliminary declaration of disclosure must contain. The failure to adequately disclose mandatory information may be grounds for any subsequently entered judgment to be set aside, in addition to other remedies.

What Final Declarations of Disclosure Must Contain: Family Code section 2105

This section identifies the information that a party’s preliminary declaration of disclosure must contain. The failure to adequately disclose mandatory information may be grounds for any subsequently entered judgment to be set aside, in addition to other remedies.

No Entry of Judgment Without Final Declaration of Disclosure: Family Code section 2106

The court shall not enter a judgment unless each party has filed with the court a declaration either confirming that both have served on the other a final declaration of disclosure and current income and expense declaration, or that both have waived the requirement of preparing and serving a final declaration of disclosure on each other.

Consequences for Failure to Serve Declarations of Disclosure: Family Code section 2107

This section outlines the consequences a party faces if they fail to serve the necessary declarations of disclosures on the other party. These consequences can include, without limitation, evidentiary and monetary sanctions against the non-complying party, and the set aside of any subsequently entered judgment.

No Final Declarations of Disclosure Required in Default Cases: Family Code section 2110

Service of final declarations of disclosure is waived in any divorce, dissolution of domestic partnership, or legal separation proceeding that is disposed of by default.

Conclusive Presumption of Parent-Child Relationship for Children Born During Marriage: Family Code section 7540

Children born to married partners who were living together at the time of conception are presumed to be the children of the marriage.

Challenging Paternity of Children Born During Marriage: Family Code section 7541

Within 2 years of a child’s birth, subject to specified conditions and procedures, a spouse can challenge the presumption that a spouse is the parent of a child.

Voluntary Declarations of Paternity: Family Code section 7573

This section provides that parental rights are granted to those who sign a voluntary declaration of paternity in compliance with this section, and the individuals qualified to sign the declaration. A voluntary declaration of paternity is a California governmental form that, when signed in compliance with this section, establishes those individuals as the legal parents of the child. The declaration is typically signed at the hospital by both parents who are present for the child’s birth.

Specified Presumptions Regarding Existence of a Parent-Child Relationship: Family Code section 7611

This section identifies certain conditions that, if satisfied, create the presumption of a parent-child relationship.

Rebutting Paternity Presumptions: Family Code section 7612

Outlines the conditions that must be satisfied to rebut a presumption regarding the existence of a parent-child relationship.

Paternity of Children Conceived By Artificial Means: Family Code section 7613

Identifies conditions to establish a parent-child relationship in situations of artificial conception. Donors are presumed not to be the legal parents of a child conceived through artificial conception.

Who May File a Paternity Action: Family Code section 7630

Identifies parties eligible to commence a parentage case and criteria they must satisfy to commence a case.

Care of Pets Pending and as Part of Final Judgment in Divorce and Legal Separation: Family Code section 2605

The court has the power to order sole or joint ownership of a pet as part of a final judgment, as well as who may care for a pet pending a final judgment, taking into consideration the care of the pet.

Subject Matter of Premarital Agreements: Family Code section 1612

This section identifies what can and cannot be contained in a premarital agreement and identifies the criteria that must be met for a waiver of spousal support contained in a premarital agreement to be valid.

Revoking Premarital Agreements: Family Code section 1614

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties.

Unenforceable Premarital Agreements: Family Code section 1615

This section identifies the circumstances under which a premarital agreement may be deemed unenforceable.

Service of Summons and Petition for Dissolution: Code of Civil Procedure section 415.10

Unless otherwise provided by statute, the Summons and Petition must be personally served upon the other party in a divorce, dissolution of domestic partnership, or legal separation case.

Substitute Service in Lieu of Personal Service: Code of Civil Procedure section 415.20

This section outlines when substitute service, rather than personal service, is permitted.

Service by Mail and Acknowledgment of Receipt: Code of Civil Procedure section 415.30

This section outlines the conditions that must be met in order to serve a Summons by mail.

Serving Petition Outside California: Code of Civil Procedure section 415.40

A summons may be served on a person outside California by sending a copy of the Summons and of the Complaint via first-class mail with postage prepaid, requiring a return receipt.

Serving Summons by Publication: Code of Civil Procedure section 415.50

This section outlines the conditions that must be met in order to conduct service by posting and publication, a type of service most commonly used by individuals that cannot locate the other party despite their best efforts.

Serving Requests for Orders and Motions | Responsive Pleadings: Code of Civil Procedure section 1005

Timing requirements for serving motions and requests for orders on an opposing party.

Serving an Attorney: Code of Civil Procedure section 1011

Requirements for serving a party’s attorney of record.

Service of Custody and Child Support Motions After Judgment: Family Code Section 215

Outlines requirements for serving post-judgment custody and child support request for orders and motions.

Family Support: Family Code section 92

This section defines “family support” as an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.

Spousal Support: Family Code section 142

This section defines “spousal support.” Spousal Support is a recurring payment from one spouse to another spouse. The Family Code provides for temporary spousal support (i.e., spousal support ordered before a final judgment is entered), and for permanent spousal support (i.e., spousal support ordered as part of a final judgment).

Temporary Support: Family Code section 3600

Defines temporary spousal support and child support.

Retroactive Support Orders: Family Code section 3653

In cases of requests to modify or terminate support, Family Law courts have the power to make any such orders retroactive to the date of filing the request, or to other dates specified by this statute. .

Definition of Gross Income: Family Code section 4058

This section defines “gross income” for purposes of determining both child and spousal support. It identifies the various types of income that comprise “gross income.”

Basic Duty to Support Spouse: Family Code section 4301

A person shall support the person’s spouse while they are living together out of the separate property of the person when there is no community property or quasi-community property.

Judgment Spousal Support Factors: Family Code section 4320

This section identifies the multiple factors that the court must consider ordering spousal support.

Effect of Cohabitation on Support Obligation: Family Code section 4323

There is a statutory presumption of a reduced need for spousal support when the support recipient is residing with another person in a romantic relationship.

Presumption Against Support to Abusive Spouse: Family Code section 4325

This section identifies the circumstances under which a court may deny spousal support to a spouse who has committed domestic violence, and how attorney’s fees and community property may be awarded in such cases.

Duty of Supported Spouse to Become Self-Supporting: Family Code section 4330

The court can order spousal support for a specified duration, and may order a supported spouse to make reasonable good faith efforts to contribute to their self-support..

Vocational Examinations: Family Code section 4331

The court has the power to order a party to submit to an examination that gauges the party’s ability to obtain employment based upon the party’s age, health, education, marketable skills, employment history, and the current availability of employment opportunities. These examinations may be used to determine a party’s ability to obtain employment that would allow the party to maintain their marital standard of living.

Contingent Spousal Support Orders: Family Code section 4334

If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency. If the contingency occurs but the supported spouse continues to accept spousal support payments, that individual shall refund any excess funds received

Spousal Support in Marriages of Long Duration: Family Code section 4336

The court shall retain jurisdiction over marriages of “long duration,” meaning marriages of 10 years or more calculated from the date of marriage to the date of separation. The court may deem a marriage of less than 10 years as a marriage of long duration.

Spousal Support Terminates on Death or Remarriage: Family Code section 4337

Except as otherwise agreed upon in writing by both parties, the supporting party’s obligation to pay spousal support terminates upon the death of either party or the supported party’s remarriage.

Annuities, Life Insurance, or Trust for Spousal Support: Family Code section 4360

The court has the power to order a spouse paying spousal support to buy an annuity or insurance policy , or to establish a trust that provides support to the supported spouse upon the death of the supporting spouse.

Parental Visitation Rights: Family Code section 3100

The court shall grant a parent (or other individual) reasonable visitation with a child if visitation is found to be in the best interest of the child. This section directs you to Family Code sections 3011 and 3020 which provides the factors for a court to consider whether visitation with a parent or another individual is in the child’s best interest.

Rights of Stepparent Visitation: Family Code section 3101

The court has the power to grant reasonable visitation to a stepparent if it is determined to be in the best interest of the child.

Visitation for Grandparents and Other Non-Parent Individuals Where Parent Has Died: Family Code section 3102

The court has the power to grant a parent, child, sibling, or grandparent of a deceased parent reasonable visitation if it is determined to be in the best interest of the child.

Grandparent Visitation Orders: Family Code section 3103

The court has the power to grant reasonable visitation to a grandparent if it is determined to be in the best interest of the child. There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the child’s parents agree that the grandparent should not be granted visitation rights.