Understanding Family Court

A divorce (formally called a Dissolution of Marriage in California) legally ends your marriage. Once the court grants a divorce, both spouses are free to remarry. A legal separation does not end the marriage — you remain legally married, but the court can still divide property, establish support obligations, and make orders about children. Some people choose legal separation for religious reasons or to maintain certain benefits like health insurance.

California is a no-fault divorce state, which means you do not need to prove wrongdoing by either party. The most common reason listed is "irreconcilable differences," which simply means the marriage has broken down and cannot be repaired.

There is a mandatory 6-month waiting period before a divorce can be finalized in California. The process starts the day your spouse is served with divorce papers.

Child custody cases decide two things: legal custody (who makes major decisions for the child, like medical, educational, and religious choices) and physical custody (where the child lives and who they spend time with).

Either parent can request custody, and both parents can share custody even when they live apart. The court's guiding standard in every custody decision is the best interest of the child — not what is most convenient for either parent.

Custody can be part of a divorce case or can stand alone as its own family law case between unmarried parents. If you already have a custody order and want to change it, you will need to file a Request for Order (RFO) showing there has been a significant change in circumstances.

Child support is money one parent pays the other to help cover the costs of raising a child — things like housing, food, clothing, childcare, and medical expenses. In California, child support amounts are calculated using a statewide guideline formula that takes into account both parents' incomes and how much time each parent spends with the child.

Child support can be requested as part of a divorce or custody case, or it can be its own separate case. Either parent can request it, whether or not you were ever married. Both parents are legally required to support their child financially — the court will not waive this obligation.

If your financial situation changes — for example, you lose a job or get a significant raise — you can ask the court to modify an existing support order. This requires filing a new motion with the court.

Spousal support — sometimes called alimony — is money paid from one spouse to the other after a separation or divorce. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably close to what they had during the marriage, while they work toward financial independence.

In California, spousal support is not automatic. Either spouse can request it, and a judge will decide whether to award it and for how long based on factors like the length of the marriage, each spouse's earning capacity, contributions made during the marriage (like one spouse staying home to raise children), and the standard of living established during the marriage.

There are two types: temporary support, which is ordered while the divorce is in progress, and long-term support, which is ordered at the final judgment. For marriages under 10 years, support is generally awarded for half the length of the marriage. For marriages over 10 years, the court may retain jurisdiction indefinitely.

A Domestic Violence Restraining Order (DVRO) is a court order that protects you — and sometimes your children — from a person who has abused, threatened, harassed, or stalked you. It can order the other person to stay away from your home, workplace, and your children's school. It can also require them to move out of a shared residence and surrender any firearms.

You can request a DVRO against a spouse, former spouse, registered domestic partner, someone you dated, a relative, or someone you live with. This is different from a Civil Harassment Restraining Order, which covers neighbors, coworkers, or strangers.

The process has two stages: a Temporary Restraining Order (TRO), which you can request immediately without the other person present, and a Permanent Restraining Order, which is decided at a court hearing usually scheduled within 21 days. Permanent orders can last up to 5 years and can be renewed.

A parentage case legally establishes who a child's parents are. In California, this applies to unmarried parents — because when parents are not married, the law does not automatically recognize both as legal parents, even if both are listed on the birth certificate.

Establishing parentage is important because it gives both the child and the parent legal rights and protections: the child gains the right to financial support from both parents, inheritance rights, and access to family medical history. The parent gains the legal standing to request custody or visitation.

Parentage can be established voluntarily — both parents sign a Voluntary Declaration of Parentage (VDP) at the hospital or later. If there is a dispute about who the parent is, either party can ask the court to order genetic testing. A parentage judgment from the court is the strongest form of legal recognition.

Life changes, and court orders can be changed too — but you cannot just stop following an order because your situation has shifted. You need to ask the court to officially modify the order. Until the court makes a new order, the old one remains in effect and both parties are legally required to follow it.

To modify a custody, visitation, or support order, you must show the court that there has been a material change in circumstances since the last order was made. This means something significant has changed — not just minor inconveniences or disagreements.

Examples of qualifying changes include a parent relocating, a significant change in income, the child's needs changing as they get older, or a parent's inability to provide a safe environment.