California Family Law Guide

A plain-language guide to the Family Code sections, cases and terms you will hear in a California family law case, written by a Certified Family Law Specialist. Each entry explains one rule and what it means in practice. This is general information, not legal advice; every case depends on its own facts.

Divorce & Property

• Date of Separation – Family Code 70 Why the date of separation matters in a California divorce: it ends the community estate, affects support and reimbursements, and is decided
• The Community Property Presumption and the Title Presumption – Family Code 760 and 2581 Property acquired during marriage is presumed community under Family Code 760, and property held in joint title is presumed community for di
• Valuation Date and Alternate Valuation Date – Family Code 2552 California values community assets and debts as near as practicable to the time of trial, but Family Code 2552 allows an alternate valuation
• Dividing a Pension in Divorce – The Time Rule How California divides a pension in divorce under the Brown time rule, including Teamsters and other union pensions, and the options for car
• Epstein Credits and Watts Charges Epstein credits reimburse a spouse who pays community debts after separation; Watts charges account for one spouse’s exclusive use of a comm
• Moore/Marsden – The Community’s Share of a Separate Property Home When one spouse owned the house before marriage and community money paid the mortgage, California uses the Moore/Marsden formula to compute
• Dividing a Business in Divorce – Pereira and Van Camp When one spouse owns a business before marriage and it grows during the marriage, California apportions the growth between separate and comm
• Transmutation – Family Code 852 Spouses can change property from separate to community, or the reverse, but only by an express written declaration. What Family Code 852 req
• Management and Control of Community Property – Family Code 1100 and 1102 In California each spouse has equal management and control of community property, with limits: gifts and sales of household goods require co
• Fiduciary Duty Between Spouses – Family Code 721 California spouses owe each other the highest duty of good faith in financial dealings. What the duty requires under Family Code 721 and 110
• Putative Spouse – Family Code 2251 A person who believed in good faith that an invalid marriage was valid may be a putative spouse under Family Code 2251, with rights to quasi
• Marvin Claims – Property Rights of Unmarried Partners California has no common-law marriage, but unmarried partners can enforce express or implied agreements about property under Marvin v. Marvi
• Bifurcation – Ending Marital Status Early California lets a court terminate marital status before property, support and custody are resolved. What bifurcation under Family Code 2337
• Nunc Pro Tunc Judgments – Family Code 2346 When a California divorce judgment could have been entered earlier but was not because of mistake or neglect, the court may enter it nunc pr
• What are the steps involved in filing for divorce in California? The typical path of a California divorce, from the FL-100 petition and San Diego venue declaration through disclosures and judgment.
• California Residency Required for California Divorce – Family Code 2320 Family Code 2320: to file for divorce in California, one spouse must have lived in the state for six months and in the county for three mont
• Automatic Temporary Restraining Orders (ATROS) ATROs on the family law summons bind both spouses once filed and served, barring property transfers, taking children out of state and cancel
• Hidden Assets and Omitted Assets Assets concealed or left out of a California divorce judgment can still be divided, and a spouse who hid an asset may forfeit all of it to t
• Reimbursement Claims for Separate Property Contributions How Family Code 2640 lets a spouse recover separate property used toward community assets, such as premarital funds put into a down payment
• In California divorce who gets stuck with the student loans? In a California divorce, student loan debt generally goes to the spouse who got the education, unless the money paid community living expens
• Divorce Attorney in Carlsbad, CA – Hershon Law Certified Family Law Specialist Joshua Hershon represents Carlsbad and North County San Diego clients in contested and uncontested divorce.
• Deferred Sale of the Family Home – Duke Orders (Family Code 3800) A California court can delay the sale of the family home so children can stay in it. The deferred sale of home order under Family Code 3800,

Children & Custody

• Move-Away Cases – Relocating with a Child When a parent wants to relocate with a child, California courts apply the Burgess and LaMusga framework. What the court weighs and what each
• Minor’s Counsel – Family Code 3150 In contested custody cases a California court may appoint an attorney for the child under Family Code 3150. What minor’s counsel does, who p
• Family Court Services Mediation – Family Code 3170 When custody or visitation is contested in California, mediation through Family Court Services is mandatory before the hearing. In San Diego
• Parentage Presumptions – Family Code 7540, 7555 and 7611 California’s Uniform Parentage Act creates presumptions of parentage from marriage, genetic testing, and holding a child out as one’s own. W
• UCCJEA – Which State Decides Custody (Family Code 3400) When parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act decides which court can make custody order
• Emancipation of Minors – Family Code 7002 Under California law a minor is emancipated by marriage, active military duty, or a court declaration of emancipation. Family Code 7002 and
• Domestic Violence Forfeits Parenting Family Code 3044 Under California Family Code 3044, a finding of domestic violence within the last five years creates a presumption against joint legal or ph
• Juvenile Dependency-Welfare and Institutions Code 300 When Child Welfare Services opens a Welfare and Institutions Code 300 case, juvenile dependency court orders take precedence over family cou

Child Support

• How Guideline Child Support Is Calculated – Family Code 4055 California child support comes from a statewide formula in Family Code 4055. The inputs that move the number: each parent’s net income, time
• Earnings Assignment Orders – Family Code 5230 Every California support order must include an earnings assignment order directing the employer to withhold support from wages. Family Code
• Fluctuating Income and Child Support – Family Code 4064 For parents with seasonal, commission or overtime-driven income, Family Code 4064 lets the court adjust the child support calculation to ref
• Earning Capacity and Imputed Income When a parent or spouse earns less than they could, California courts may calculate support on earning capacity instead of actual income. Fa
• New Spouse Income and Child Support – Family Code 4057.5 In California a new spouse or partner’s income is generally not counted in child support, with a narrow exception for extreme hardship to th
• Hardship Deductions in Child Support – Family Code 4071 A parent may ask the court to deduct extraordinary health costs, catastrophic losses or the support of other children from income before gui
• Health Insurance in Child Support Orders – Family Code 3751 California child support orders must require a parent to maintain health insurance for the child when it is available at reasonable cost. Fa
• Retroactive Support – Family Code 4009 In California an original child support order may be made retroactive to the date the petition was filed, or to the date the request was fil
• Expedited Child Support – Family Code 3620 California’s expedited child support procedure under Family Code 3620 lets a parent get a guideline support order in place without waiting f
• The Annual Income and Expense Demand – Family Code 3664 Once a year, without filing a motion, a party to a support order may demand a current income and expense declaration from the other party. F
• Family Support Orders – Family Code 4066 A California court may order unallocated family support instead of separate child and spousal support under Family Code 4066. Why parties us
• Support for an Adult Disabled Child – Family Code 3910 In California the duty to support a child does not end at 18 if the child is incapacitated from earning a living and without sufficient mean
• Bankruptcy and Support Obligations Child support and spousal support survive bankruptcy. What the automatic stay does and does not stop in a family law case, and how property
• Child Support Add-Ons Beyond guideline child support, California courts add work-related child care and uninsured medical costs, and may add special needs and vis
• Attorney Fees for Enforcement of Support Order California Family Code 3557 lets a party who enforces a child or spousal support order recover attorney fees from the party who failed to pa

Spousal Support

• How Long Does Spousal Support Last? Spousal support duration in California: the half-the-marriage guideline for shorter marriages, long-term marriages under Family Code 4336, G
• Cohabitation and Spousal Support – Family Code 4323 Under California Family Code 4323, a supported spouse who lives with a nonmarital partner is presumed to have a reduced need for support. Wh
• Reconciliation and Support Orders – Family Code 3602 Under California Family Code 3602, a support order is not enforceable for any period in which the parties have reconciled and are living tog
• Social Security Benefits for a Divorced Spouse – The Ten-Year Rule A divorced spouse whose marriage lasted ten years or more may claim Social Security benefits on the former spouse’s record, without reducing
• Spousal Support 4320 Factors What California courts weigh under Family Code 4320 for long-term spousal support: earning capacity, marital standard of living, length of m

Protective Orders & Court Procedure

• Kick-Out Orders – Family Code 6321 A California court can order one party out of the family home on an emergency basis under Family Code 6321. What the court must find and how
• Emergency Protective Orders – Family Code 6250 An emergency protective order is obtained by police from a judge, at any hour, and lasts up to seven days. What an EPO does under Family Cod
• Mutual Restraining Orders – Family Code 6305 California law prohibits mutual domestic violence restraining orders unless both parties request them, personally appear, and the court find
• Support Persons in Domestic Violence Cases – Family Code 6303 A person seeking a domestic violence restraining order may have a support person with them at hearings and mediation under Family Code 6303.
• Contempt – Statute of Limitations (CCP 1218.5) A contempt action for unpaid support must be filed within three years of each missed payment; other family court violations within two years
• How a Request for Order (RFO) Works Most family court decisions before trial come from a Request for Order. What an RFO is, the notice period under CCP 1005, what to file with
• Statement of Decision After Trial – CCP 632 After a trial in family court, a party may request a statement of decision explaining the factual and legal basis for the ruling. Deadlines
• How long does a California domestic violence restraining order last? A California domestic violence restraining order can last up to five years and may be renewed for five more years or permanently, without pr
• Contempt of Court Contempt in family court is quasi-criminal: the moving party must prove a valid order, notice, ability to comply and willful violation. Jail
• Voiding a (Set Aside of) Judgment – Code of Civil Procedure 473 Code of Civil Procedure 473 allows a motion to set aside a judgment for mistake of fact or law, brought within a reasonable time and no late
• Attorney Fees based on Bad Behavior – Family Code 271 Family Code 271 lets the court order a litigant who frustrates settlement to pay the other side’s attorney fees, regardless of the requestin
• Attorney Fees based on Income-Family Code 2030 Under Family Code 2030, a spouse with less income can ask the court to order the other to pay some or all of their attorney fees based on re
• How can I find a reputable family law attorney in Southern California? How to vet a Southern California family law attorney: State Bar license search, discipline records, certified specialist status and local co
• What are the common issues addressed by family law attorneys? The core issues in California family law cases: child custody and visitation, child support, spousal support, and characterizing and dividin

Looking for a term that is not here? See the Family Court Glossary for short definitions of 55 abbreviations and terms.