BEST INTEREST OF THE CHILD
Definition: The mandatory legal standard that a California court must apply when making any decision or order regarding the custody, visitation, or welfare of a minor child. The court’s primary concern in applying this standard is the child’s **health, safety, and welfare**, with a secondary goal of ensuring **frequent and continuing contact** with both parents unless that contact would be detrimental to the child.
Explanation: The **best interest of the child** standard is the only rule a judge uses to decide who gets custody and when. It means the judge must choose the parenting plan that is safest and healthiest for the child—physically and emotionally—even if one or both parents disagree. The judge looks at many things, including any history of abuse, drug use, and which parent is more likely to let the child see the other parent safely.
Example: In making a determination of the **best interests of the child**, the court shall, among any other factors it finds relevant, consider all of the following: The health, safety, and welfare of the child. California Family Code § 3011(a). The court must consider any history of abuse by one parent against the child, the other parent, or a cohabitant, and may require independent corroboration before considering such allegations. California Family Code § 3011(a)(2). Custody should be granted in a specific order of preference according to the **best interest of the child**, first to both parents jointly or to either parent, and then, if to neither parent, to the person in whose home the child has been living in a stable environment. California Family Code § 3040(a). The Legislature has affirmed that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the health, safety, and welfare of the child. California Family Code § 3020(a). The controlling consideration in determining whether a change in a child’s surname should be ordered against the objection of one of the parents is the **welfare of the child**. In re Marriage of Schiffman (1980) 28 Cal.3d 640, 642.
Video: For a detailed discussion of the factors considered under the Best Interest of the Child standard, watch this video: What Dads Need To Know for Family Court | Best Interest Of The Child
BIFURCATION
Definition: The process by which a court separates and grants an early, separate trial on one or more issues in a dissolution or nullity proceeding, while reserving jurisdiction over the remaining issues for a later trial. The most common form is the **bifurcation of marital status**, which allows the parties to be restored to the legal status of single before property and support matters are finalized.
Explanation: **Bifurcation** means splitting your divorce case into two or more parts. Most often, people ask the judge to bifurcate the **marital status**—meaning the judge grants the divorce right away, allowing both people to legally become single, even if they’re still fighting about money and property. The court usually grants this to promote resolution, but often imposes conditions to protect the non-requesting spouse.
Example: In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues. California Family Code § 2337(a). The court may impose several conditions on granting a **bifurcation** of status, including requiring the moving party to maintain all existing health and medical insurance coverage for the other party and any minor children until the final judgment is entered. California Family Code § 2337(c)(2). The court may impose conditions requiring the party requesting **bifurcation** to indemnify and hold the other party harmless from any taxes or penalties payable in connection with the community estate division that would not have been payable if the parties were still married. California Family Code § 2337(c)(1). The trial court’s power to bifurcate issues is generally favored when the resolution of the bifurcated issue is likely to simplify the determination of the other issues. California Rules of Court, Rule 5.390(b).
Video: For a video explanation of the bifurcation process in divorce: [Divorce and Bifurcation](http://www.youtube.com/watch?v=jbYEnJDR3EQ)
BREACH OF FIDUCIARY DUTY
Definition: A violation of the highest duty of good faith and fair dealing imposed on spouses by law, which lasts from the date of marriage until the community estate is fully divided. A **breach** occurs when a spouse mismanages, conceals, or fails to fully disclose a community **asset** or opportunity to the detriment of the other spouse, often resulting in penalties.
Explanation: A **breach of fiduciary duty** is when one spouse breaks the rule of being completely honest and loyal to the other spouse about money matters. It’s like breaking a business partnership rule. This happens if one spouse hides money, sells assets without telling the other, or lies on financial papers during the divorce. A judge can punish the spouse who commits the **breach** by awarding all of the hidden asset to the injured spouse.
Example: In transactions between themselves, spouses are subject to the general rules governing fiduciary relationships, which impose a duty of the **highest good faith and fair dealing** on each spouse, and neither shall take any unfair advantage of the other. California Family Code § 721(b). This duty includes providing each spouse access at all times to any books kept regarding a transaction concerning the community property for inspection and copying. California Family Code § 721(b)(1). A spouse who **breaches** this duty by failing to disclose assets may be subject to a penalty whereby the undisclosed **asset** is awarded entirely to the injured spouse. California Family Code § 1101(g). When a spouse attempts to transfer jointly held property to themselves alone during the dissolution process, they commit a **breach of fiduciary duty**. California Family Code § 1101(h).
Video: For a video explanation of what to do if you suspect a breach of fiduciary duty: [What Should You Do If A Fiduciary Duty Is Breached?](http://www.youtube.com/watch?v=pfAwOshpGOo)
BURDEN OF PROOF
Definition: The legal obligation of a party in a case to prove a specific factual claim to the court (the trier of fact). In most California family law matters (custody, support, debt characterization), the standard is a **preponderance of the evidence** (meaning the fact is more likely true than not). However, certain claims, like the rebuttal of a paternity presumption, require a **clear and convincing** standard, or even **beyond a reasonable doubt** for contempt.
Explanation: The **burden of proof** is whose job it is to convince the judge that a fact is true. In a normal divorce case, the party trying to prove a fact must show the judge that the fact is “more likely than not” true—this is called a **preponderance of the evidence**. But for serious issues, like terminating parental rights or proving fraud, the **burden** is much higher, meaning the evidence has to be stronger and clearer.
Example: Except as otherwise provided by law, a party has the **burden of proof** as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting. California Evidence Code § 500. When a marriage is less than five years, the **burden of proof** for proving the validity of a premarital agreement is on the party seeking to enforce the agreement. California Family Code § 1615(c). When an issue involves conflicting presumptions (e.g., in a property dispute involving a breach of fiduciary duty), the general rule of the **burden of proof** is the preponderance of the evidence, not the higher standard of clear and convincing evidence. In re Marriage of Haines (1995) 33 Cal.App.4th 277, 298. In custody cases, the **burden of proof** is on the party claiming the other parent’s contact would be detrimental to the child’s health, safety, and welfare. California Family Code § 3020(b).
Video: For a general explanation of the burden of proof in civil and criminal trials: [The Burden of Proof in Civil Trials](https://www.youtube.com/watch?v=LGdcxR5jGVY)
CHANGE OF VENUE
Definition: A legal procedure where a party requests the court to move the location (**venue**) of an ongoing family law case (such as a dissolution or post-judgment modification) from the county where it was originally filed to another county or jurisdiction. This is typically requested because the original court is inconvenient for the parties or witnesses, or because neither party any longer lives in the county that issued the original order.
Explanation: A **change of venue** is asking the judge to move your entire family law case (like your divorce or a custody fight) to a different county. For example, if you got divorced in Orange County but both you and your ex now live in Sacramento, you can ask the court to move the venue to Sacramento because it’s more convenient for you both to attend court there. The judge has the power to grant this if it promotes fairness and is more convenient for the parties.
Example: In any proceeding under the Family Code where it appears that both petitioner and respondent have moved from the county rendering the order, the court may order that the proceedings be transferred to the county of residence of either party when the ends of justice and the convenience of the parties would be promoted by the **change of venue**. California Code of Civil Procedure § 397.5. The court may, on motion, **change the place of trial** in family law cases when the court designated is not the proper court, or when the convenience of witnesses and the ends of justice would be promoted by the **change**. California Code of Civil Procedure § 397(a) and (c). In a dissolution of marriage proceeding, the proper **venue** for the trial of the proceeding is the superior court in the county where either the petitioner or respondent has been a resident for three months next preceding the commencement of the proceeding. California Code of Civil Procedure § 395(a).
Video: For a discussion on transferring cases between counties or states in family law: Transferring Your Case To A Different County or State
CHILD CUSTODY
Definition: The legal relationship between a parent and child created by a court order, divided into two types: **Legal Custody** (the right and responsibility to make decisions concerning the child’s health, education, and welfare) and **Physical Custody** (the right to determine where the child lives). Orders may be granted as **Sole** (one parent has all rights) or **Joint** (parents share the rights).
Explanation: **Child custody** is the overall court order saying how parents will share time and make decisions for their kids after they separate. **Legal custody** covers important choices like which doctor the child sees or which school they go to. **Physical custody** covers where the child actually lives and for how long. The court must decide both types of custody based on the **best interest of the child**.
Example: **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. California Family Code § 3003. **Joint physical custody** means that each of the parents shall have significant periods of physical custody, shared in a way to assure a child of frequent and continuing contact with both parents. California Family Code § 3004. In making any order for **child custody**, the court must prioritize the child’s health, safety, and welfare. California Family Code § 3040. The court may grant **sole legal custody** to one parent if the other parent has habitually or continually abused controlled substances or alcohol. California Family Code § 3011(a)(4).
Video: For an introduction to the different types of child custody in California: California Child Custody Video
CHILD SUPPORT
Definition: A mandatory, court-ordered payment made by one parent to the other for the financial benefit of the minor children of the relationship. In California, **child support** amounts are determined by a statewide statutory **guideline formula** (Family Code § 4055) and are based primarily on the parents’ net monthly disposable incomes and the percentage of time each parent has custody.
Explanation: **Child support** is the monthly money payment one parent is ordered to pay to the other to cover the kids’ living costs, like housing, food, and clothes. Unlike many other states, California uses a strict computer formula (the “guideline”) that takes into account how much each parent earns and how much time the children spend with each parent. The judge generally must follow this formula unless there’s a good legal reason not to.
Example: The statewide uniform **guideline** for determining **child support** orders is calculated using the formula: CS = K[HN – (H%)(TN)]. California Family Code § 4055(a). The formula’s components include the high earner’s net disposable income (HN), the approximate percentage of time the high earner has primary physical responsibility (H%), and the total net disposable income (TN). California Family Code § 4055(b). A parent’s first and primary obligation is to support their minor children according to their circumstances and station in life. California Family Code § 4053(a). The court has a mandatory duty to recalculate **child support** using the guidelines upon any motion for modification, and the judge must explain the reasons for any deviation from the guideline amount. Wilson v. Shea (2001) 87 Cal.App.4th 887, 893.
Video: For a step-by-step video guide on how the child support process works: How A Child Support Case Works
CHILD SUPPORT SERVICES (CSS)
Definition: The state and county agencies, including the Local Child Support Agency (**LCSA**) in each county, responsible for promptly and effectively establishing, modifying, and enforcing child support obligations (including medical support) and spousal support orders if the child is receiving public assistance. These services are available to all parents, regardless of whether they receive public aid.
Explanation: **Child Support Services** (or the LCSA) is the government office that handles all the paperwork and enforcement for child support payments. They help parents who need to set up a support order, change the amount, or collect money from a parent who is behind on their payments. If you receive support from the LCSA, they can use tools like license suspension or tax interception to collect **arrearages**.
Example: Each county shall maintain a local child support agency (**LCSA**) that shall have the responsibility for promptly and effectively establishing, modifying, and enforcing child support obligations… and determining paternity in the case of a child born out of wedlock. California Family Code § 17400(a)(1). The **LCSA** is required to cease enforcement of child support **arrearages** assigned to the state when the amount has been determined to be uncollectible, taking into account factors like the noncustodial parent’s income and assets. California Family Code § 17400(a)(2). The **LCSA** must be informed of and must sign any stipulated child support order that orders an amount less than the statewide guideline formula amount if the **LCSA** is providing enforcement services. California Family Code § 4065(a)(5).
Video: For a summary of the services provided by the Child Support Services Department: Videos – Child Support Services
COBRA
Definition: The federal law (**Consolidated Omnibus Budget Reconciliation Act**) that allows an employee’s spouse, former spouse, or dependent children to temporarily purchase continued health, dental, and vision insurance coverage from the employee’s former group plan after a “qualifying event” (such as a divorce or legal separation) for up to 36 months, provided the former spouse pays the full premium plus an administrative fee.
Explanation: **COBRA** is a law that lets a spouse losing health insurance coverage due to divorce keep the same insurance plan for up to three years. Since you are no longer married, the spouse’s employer isn’t required to pay for you anymore, so you have to pay the **entire premium** yourself. This is a very common option in divorce to make sure the lower-income spouse doesn’t lose health coverage immediately after the marriage ends.
Example: Loss of health benefits due to divorce or legal separation is a **qualifying event** that makes the former spouse and dependents eligible to elect **COBRA continuation coverage** for up to 36 months. CalHR Guidance on COBRA. The former spouse or domestic partner has a responsibility to notify the departmental personnel office or employer of the divorce or legal separation within 60 days of the qualifying event to ensure coverage is offered. U.S. Department of Labor Guidance on COBRA. In a bifurcated divorce, one condition the court may impose is that the party maintain all existing health and medical insurance coverage for the other party and any minor children until the final judgment is entered, which is often done by paying the **COBRA** premiums. California Family Code § 2337(c)(2).
Video: For a concise explanation of how COBRA works following a divorce: Separation & Divorce | U.S. Department of Labor
COHABITATION
Definition: The legal term defined by case law as a mutual assumption of the rights, duties, and privileges associated with a conjugal relationship, typically involving living together, usually in a romantic or domestic partnership relationship, though not necessarily including sexual relations. In the context of spousal support, California law specifically addresses **cohabitation** with a nonmarital partner.
Explanation: **Cohabitation** means living with a romantic partner, acting like a couple who shares a household and finances, but without being married. In California family law, if the spouse who is receiving spousal support (alimony) moves in with a new partner, the court will **presume** that their financial need has gone down. The spouse paying support can use this fact to ask the judge to reduce or end the payments.
Example: Except as otherwise agreed to by the parties in writing, there is a **rebuttable presumption**, affecting the burden of proof, of decreased need for spousal support if the supported party is **cohabiting** with a nonmarital partner. California Family Code § 4323(a)(1). The law explicitly states that “holding oneself out to be the spouse of the person with whom one is **cohabiting** is not necessary to constitute **cohabitation** as the term is used in this subdivision.” California Family Code § 4323(a)(2). The term **cohabitation** requires the person to prove a shared relationship that goes beyond that of a mere boarder or platonic roommate. In re Marriage of Denney (1981) 115 Cal.App.3d 543. The party who seeks to reduce spousal support has the initial burden to prove the recipient is **cohabiting**; if successful, the burden shifts to the supported party to prove that their financial need has not decreased. In re Marriage of Denney (1981) 115 Cal.App.3d 543.
Video: For a concise explanation about how moving in with a partner affects spousal support payments, watch this video: BEFORE YOU MOVE IN – COHABITATION EXPLAINED
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COMMUNITY PROPERTY
Definition: In California, a **community property** state, all property (real or personal) acquired by a married person during the marriage while domiciled in the state is considered jointly owned by both spouses equally (50/50), unless it is specifically defined as separate property by statute (e.g., property acquired before marriage, or received during marriage by gift or inheritance).
Explanation: **Community property** is essentially everything the couple earned or acquired together from the date they got married until the date they separated. Because spouses own it equally, it must be divided 50/50 in a divorce. The character of property is determined at the time it’s acquired. If marital funds (community property) are mixed (**commingled**) with non-marital funds (separate property), the non-marital funds may lose their separate status unless the owner can clearly prove their separate source.
Example: Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is **community property**. California Family Code § 760. In a classic tracing case, the Supreme Court held that when a spouse **commingles** separate and **community property**, assets purchased are presumed to be **community property** unless the spouse can trace the purchase to separate funds at the time of acquisition. See v. See (1966) 64 Cal. 2d 778.
CONTEMPT
Definition: The willful failure or refusal to comply with a lawful judgment, order, or process of the court. In family law, a **contempt** proceeding is a quasi-criminal enforcement action used to punish a party who has the ability to obey a court order (like paying child support or turning over a child at a specified time) but refuses to do so.
Explanation: **Contempt of court** is a powerful tool to make a party follow a court order. If a party files a motion and proves the other parent knew about the order, had the ability to follow it, and willfully chose not to, the judge can find the non-compliant party in **contempt**. Consequences can include fines up to $1,000, community service, or even jail time until the violation is cured or the sentence is served.
Example: Disobedience of any lawful judgment, order, or process of the court is a **contempt** of the authority of the court. California Code of Civil Procedure § 1209(a)(5). In any court action in which a party is found in **contempt** of court for failure to comply with a court order pursuant to the Family Code, the court shall order the contemner to perform community service of up to 120 hours, or to be imprisoned, upon a first finding of **contempt**. California Code of Civil Procedure § 1218(c)(1). The court can also imprison a person until they comply with a support or property turnover order if they have the present ability to do so.
DATE OF SEPARATION
Definition: The **date of separation** is the date that a complete and final break in the marital relationship has occurred, as evidenced by two required factors: (1) The spouse has expressed to the other spouse the **intent to end the marriage**, and (2) The **conduct** of the spouse is consistent with that intent to end the marriage. This date is critical because it marks the end of the accumulation of community property.
Explanation: In California divorce cases, the **date of separation** is when the marriage officially “ends” for financial purposes. After this date, any income or property either spouse earns is generally their **separate property**, not community property. The determination of this date is not just about moving out; a couple can be separated while living in the same home, but only if one spouse has expressed the intent to end the marriage and their actions show that a complete and final break has occurred.
Example: The **date of separation** is defined as the date that a complete and final break in the marital relationship has occurred, as evidenced by the spouse’s expression of intent to end the marriage and their conduct being consistent with that intent. California Family Code § 70(a). Historically, courts have defined “living separate and apart” as the condition when spouses have come to a “parting of the ways with no present intention of resuming marital relations.” In re Marriage of Baragry (1977) 73 Cal.App.3d 444, 448 (cited in *Marriage of Marsden*).
This video provides a brief explanation of how the court determines the [Date of Separation in California](https://www.youtube.com/watch?v=EoiZcDLyuiI) divorce cases.
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DECLARATION OF DISCLOSURE
Definition: The set of mandatory legal forms (Family Code §§ 2104, 2105) a party must exchange with their spouse, disclosing all income, expenses, assets, and debts—whether community or separate. There are two types: the **Preliminary Declaration of Disclosure** (initial snapshot) and the **Final Declaration of Disclosure** (final, updated snapshot). Failure to comply fully and accurately constitutes a **breach of fiduciary duty** and carries severe penalties, including the potential for the court to award the opposing party 100% of an undisclosed asset.
Explanation: A **Declaration of Disclosure** is the most important set of honesty papers in your divorce. California law requires both spouses to show all their financial cards, telling the other person everything they own, owe, and earn. You sign these forms under penalty of perjury. You must exchange them with your ex, but you don’t file the actual forms with the court (you file a proof-of-service form instead). You cannot get your divorce finalized until these disclosures are exchanged.
Example: Before or at the time the parties enter into an agreement for the resolution of property or support issues, each party must serve the other with a **Final Declaration of Disclosure**, or execute a mutual waiver of the requirement. California Family Code § 2105(a). The **Final Declaration of Disclosure** shall include all material facts and information regarding the characterization of all assets and liabilities, and the amounts of all obligations. California Family Code § 2105(b). The commission of perjury on the **final declaration of disclosure** by a party may be grounds for setting aside the judgment, or any part thereof. California Family Code § 2105(a). The preliminary declaration of disclosure needs to be served with the Petition or Response, or within 60 days of filing. The Declaration of Disclosure | The Family Law Facilitator.
Video: For a step-by-step attorney guide on how to complete the required forms for the Declaration of Disclosure: [Mandatory Financial Disclosures for CA Divorce or Legal Separation, Part 2 (The Forms)](https://www.youtube.com/watch?v=V-mA-6zVV6U)
DEFAULT
Definition: The procedural state of a case that occurs when the Respondent, after being properly served with the Summons and Petition, fails to file a timely **Response** (usually within 30 days). The Petitioner then requests the court clerk to enter the Respondent’s **default**, which typically waives the Respondent’s right to participate and allows the court to enter a **default judgment** based almost entirely on the Petitioner’s requested terms.
Explanation: A **default** happens when a spouse starts a divorce case and the other spouse does nothing for 30 days after being served. The non-responding spouse loses their chance to tell their side of the story or argue over the terms. The Petitioner can then ask the judge to finalize the divorce and divide the property based on the Petitioner’s wishes alone. You can ask the court to set aside (cancel) a **default** judgment, but it’s difficult.
Example: If you don’t file a Response within 30 days after you’re served, your spouse can ask the court for a **default**, meaning the court can make decisions without hearing from you. California Courts Self Help Guide. When a **default** is entered because the other party did not respond to the Petition, they are essentially waiving their right to have a say in the divorce settlement. Superior Court of California, County of Orange Family Law Division. In any **default** proceeding where the noncustodial parent is the higher earner, the time-share percentage (H%) shall be set at zero in the child support formula, resulting in a higher support order. California Family Code § 4055(b)(6).
Video: For a step-by-step video on how to process a true default divorce case in California: [DEFAULT DIVORCE CASE IN CALIFORNIA – STEP-BY-STEP INSTRUCTIONS – VIDEO #50 (2021)](https://www.youtube.com/watch?v=wd0fbzDYHcI)
DISCOVERY
Definition: The compulsory pre-trial process by which parties to a lawsuit exchange and gather evidence and information from each other and from non-parties to prevent **trial by ambush** and ensure a fair resolution. Common **discovery** tools in family law include **Interrogatories** (written questions), **Requests for Production** of documents (bank statements, tax returns), and **Depositions** (live sworn testimony outside of court).
Explanation: **Discovery** is the legal research stage of your case where you force the other side to give you information and documents relevant to the issues. In family law, this is crucial for finding out all the facts about property values, income, and debts so you can make sure the financial disclosures are honest. If a spouse misuses the **discovery** process, such as by hiding documents, the court can issue sanctions (fines) against them.
Example: Any party may obtain **discovery** regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action. California Code of Civil Procedure § 2017.010. Misusing the **discovery** process, which includes using a **discovery** method in a manner or to an extent that causes unwarranted annoyance, expense, or oppression, is a violation of the law. California Code of Civil Procedure § 2023.010. In responding to **discovery**, a party cannot plead ignorance to information which can be obtained from sources under his control, including information held by their agents, employees, or family members. Regency Health Services, Inc. v. Sup. Ct. (1998) 64 Cal.App.4th 1496.
Video: For a video explaining the purpose of discovery in court proceedings: [Discovery in the Circuit Court](https://www.mdcourts.gov/video/courthelp/discovery)
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DISSOLUTION OF MARRIAGE
Definition: The proper legal term in California for **divorce**. It is a judicial proceeding that terminates a legally valid marriage or domestic partnership, restoring both parties to the status of unmarried persons. The only grounds required for a **dissolution of marriage** are **irreconcilable differences** that have caused the irremediable breakdown of the marriage.
Explanation: **Dissolution of marriage** is the official name for divorce. In California, getting a dissolution is a “no-fault” process, which means the person filing for it doesn’t have to prove the other spouse did anything wrong, like cheating or abuse. You only have to state that you have “irreconcilable differences,” which simply means you can no longer get along and the marriage is broken beyond repair. The process takes a minimum of six months after the initial papers are filed and served.
Example: A **dissolution of marriage** proceeding is commenced by filing a petition, which must state whether the grounds for the divorce are **irreconcilable differences** or permanent legal incapacity to make decisions. California Family Code § 2310. A judgment of **dissolution of marriage** restores the parties to the status of unmarried persons. California Family Code § 2300. In a proceeding for **dissolution of marriage**, the court may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage (**bifurcation**) apart from other issues. California Family Code § 2337(a). A party who files and serves a petition for **dissolution of marriage** is immediately subject to **Automatic Temporary Restraining Orders (ATROs)** that prohibit removing children from the state. California Family Code § 2040(a)(1).
Video: For a detailed explanation of the judgment form used to finalize a divorce: [FL-180 JUDGMENT OF DISSOLUTION EXPLAINED – CALIFORNIA – VIDEO #43 (2021)](https://www.youtube.com/watch?v=hm6UdMNctaM)
DOMESTIC PARTNERSHIP
Definition: A registered legal relationship between two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. Registered **domestic partners** in California generally have the same rights, protections, benefits, responsibilities, and duties under state law as are granted to and imposed upon spouses.
Explanation: A **domestic partnership** is a legal relationship in California that gives unmarried couples (originally created for same-sex couples, but now also available to opposite-sex couples over 62) almost all the same rights as marriage under state law. When a registered **domestic partnership** ends, the process is called a **dissolution of domestic partnership**, and the parties follow all the same rules for dividing property (community property) and determining support as a traditional divorce.
Example: **Domestic partners** are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring and have filed a Declaration of **Domestic Partnership** with the Secretary of State. California Family Code § 297(a) and (b). A **domestic partnership** shall be established in California only when both persons have a common residence and neither person is married to someone else or is a member of another **domestic partnership**. California Family Code § 297(b)(1)-(2). The rights and obligations of registered **domestic partners** with respect to a child of either of them shall be the same as those of spouses. Domestic Partnership Rights and Responsibilities Act of 2003 (Family Code § 297.5).
Video: For an overview of the requirements and differences between marriage and domestic partnership: [Video Domestic Partnership Filings | Office of the County Clerk](https://www.sfgov.org/countyclerk/video-domestic-partnership-filings)
DOMESTIC VIOLENCE
Definition: Abuse committed against an intimate partner (spouse, former spouse, cohabitant, dating partner, or person with whom the abuser has a child). Under the **Domestic Violence** Prevention Act (**DVPA**), **abuse** includes intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or engaging in behavior that destroys the mental or emotional calm of the other party (**coercive control**), including isolating or monitoring the other party.
Explanation: **Domestic violence** is a broad legal term for abuse between two people in a close relationship. In California, it is not just physical hitting; it includes emotional abuse, financial control (coercive control), stalking, and making the other person afraid. A finding of **domestic violence** by a judge is serious and can lead to a long-term restraining order and significantly limit the abuser’s **child custody** and visitation rights.
Example: **Abuse** means intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or engaging in any behavior that destroys the mental or emotional calm of the other party. California Family Code § 6203 and § 6211. **Disturbing the peace of the other party** refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party, including through the use of electronic technologies, or **coercive control**. California Family Code § 6320(c). When a parent has perpetrated **domestic violence**, a rebuttable presumption arises that awarding sole or joint **custody** to that perpetrator is detrimental to the **best interest of the child**. California Family Code § 3044(a). Evidence of **domestic violence** is admissible in a criminal trial for the purpose of showing a propensity to commit offenses of the same type. People v. Brown (2000) 77 Cal.App.4th 1324, 1329.
Video: For a general explanation of the legal definitions of family violence and abuse: [Is It Family Violence? Legal Definitions and Proof in Court](https://www.youtube.com/watch?v=YCddFx9cs_Y)
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DOMESTIC VIOLENCE RESTRAINING ORDER (DVRO)
Definition: A mandatory court order issued under the **Domestic Violence** Prevention Act (**DVPA**) (Family Code § 6200 et seq.) that prohibits a restrained party from contacting, harassing, or coming within a specified distance of the protected party, and can include orders for child **custody**, move-out, temporary exclusive use of property, and prohibitions on owning or possessing firearms. A **DVRO** may be issued for up to five years.
Explanation: A **DVRO** is a specific type of court order meant to protect a person from abuse by an intimate partner, family member, or cohabitant. The judge can order the abusive party to stay a certain distance away from the victim, the children, their home, and their workplace. In family law, a **DVRO** is one of the most powerful orders a court can issue, and a finding of domestic violence triggers a legal presumption that the abuser should not have joint **custody** of the children.
Example: The court may issue any of the orders described in the **DVPA** after notice and a hearing, and when determining whether to make any orders, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. California Family Code § 6340(a). The court may issue an order excluding a person from a dwelling if the court finds that physical or emotional harm would otherwise result to the other party or to a minor child of the parties. California Family Code § 6340(c). A judge can order the restrained person to obey child **custody** and visitation orders, pay **child support**, and even give the protected party temporary control of property such as a car or cell phone. DV-500-INFO (Judicial Council Form Information). A finding of abuse under the **DVPA** is not limited to the actual infliction of physical injury but includes threats, stalking, and destroying the mental or emotional calm of the other party. California Family Code § 6203.
Video: For video guides on filing and receiving a DVRO: Video guides for CA domestic violence restraining orders (DVRO)
EMANCIPATION
Definition: The legal process by which a minor is freed from the legal custody, control, and earnings of their parents or legal guardians, giving the minor the legal status of an adult for specific purposes before they reach the age of 18. A minor must petition the court for a formal declaration of **emancipation**.
Explanation: **Emancipation** is a special court order that makes a minor act like a legal adult, even though they’re under 18. A minor can become emancipated if they get married, join the military, or if they successfully petition the court. To win a court petition, the minor has to prove they are at least 14 years old, willingly live apart from their parents with parental agreement, and manage all of their own money legally. Once emancipated, the parents are no longer responsible for the minor’s support.
Example: A person under the age of 18 years is an **emancipated minor** if the person has entered into a valid marriage, is on active duty with the armed forces of the United States, or has received a declaration of **emancipation** pursuant to Family Code § 7122. California Family Code § 7002. A minor may petition the superior court for a declaration of **emancipation** and must set forth with specificity all of the following facts: The minor is at least 14 years of age, willingly lives separate and apart from the minor’s parents, and is managing their own financial affairs. California Family Code § 7120(b). An **emancipated minor** shall be considered as being an adult for the purposes of the minor’s right to support by the minor’s parents, and the minor’s right to enter into a binding contract or give a delegation of power. California Family Code § 7050(a) and (b). The court shall sustain the petition for **emancipation** if it finds that the minor meets the statutory requirements and that **emancipation** would not be contrary to the minor’s best interest. California Family Code § 7122(a).
Video: For a quick overview of the legal process and requirements for a minor seeking emancipation: Emancipation is an option for some youth, though emancipations are rare.
ENFORCEMENT OF ORDER
Definition: The legal process or actions taken to compel a party to comply with a court judgment or order (e.g., payment of support, transfer of property, or observance of a **custody** schedule). Common **enforcement** methods include wage garnishment, abstracting a judgment to place a lien on real property, finding the non-compliant party in **contempt**, or seeking sanctions.
Explanation: **Enforcement of order** is the term for using the law to make someone follow a court order they are ignoring, whether it’s paying money, signing over a deed, or following the visitation schedule. Because support payments are considered money judgments, you can use powerful tools like taking money directly from a paycheck (**wage garnishment**) or freezing bank accounts to get the money you are owed.
Example: In any action brought or **enforcement** proceedings instituted by the local child support agency for payment of **child or spousal support**, an action to recover an **arrearage** in support payments may be maintained at any time within the period otherwise specified. California Family Code § 17400(e). A judgment for **child, family, or spousal support** is enforceable until paid in full or otherwise satisfied. California Code of Civil Procedure § 685.050(b). The county local **child support** agency has the responsibility for promptly and effectively establishing, modifying, and **enforcing** child support obligations. California Family Code § 17400(a)(1). The **enforcement** of a spousal support order may be subject to a three-year statute of limitations, and failure to pay support can lead to a **contempt** finding. Laughlin Legal (2024).
Video: For a video guide on the **child support enforcement** process: How A Child Support Case Works
EQUITABLE DISTRIBUTION
Definition: In the context of California’s **community property** system, **equitable distribution** does **not** apply as the primary rule for marital property division. California Family Code § 2550 mandates an **equal division** (50/50) of community property and community debts. The term **equitable distribution** is used in most other U.S. states where the court divides property **fairly**, which may not be an equal split.
Explanation: **Equitable distribution** is the rule used in states that are *not* community property states. It means a judge divides a couple’s assets in a way that is **fair** (equitable), which might be 60/40 or 70/30, depending on who contributed more or who needs the money more. However, in California, the rule is **equal division**, meaning the court must divide all **community property** exactly 50/50, regardless of what the judge thinks is “fair.”
Example: In a proceeding for dissolution of marriage, the court shall, either in its judgment of dissolution or at a later time, divide the **community estate** of the parties **equally**. California Family Code § 2550. **Equal division** does not mean that every specific **asset** must be cut in half, but rather that the overall marital balance sheet must reflect a net equal division of all assets and liabilities. California Family Code § 2550. When dividing the **community estate**, the court may order one party to be awarded the entire interest in a particular **asset**, but only if the other party’s right to an **equalization payment** is honored. California Family Code § 2550.
Video: For a comparison of the **Equitable Distribution** system used in most states versus the **Community Property** system used in California: Equitable Distribution vs. Community Property
EVIDENCE
Definition: Testimony, writings, material objects, or other things presented in a judicial proceeding to prove the existence or nonexistence of a fact in dispute. In California, only **relevant evidence** is admissible, and the court may exclude **evidence** if its probative value (its power to prove a fact) is substantially outweighed by the probability that its admission will create substantial danger of undue prejudice, confuse the issues, or mislead the trier of fact.
Explanation: **Evidence** is the information you use in court—like financial documents, text messages, witness testimony, or medical records—to prove your side of the story. For **evidence** to be used in a family law case, it must follow specific rules. It has to be **relevant** (it must matter to the case) and it can’t be too confusing or unfairly harmful to the other side.
Example: No **evidence** is admissible except relevant **evidence**. California Evidence Code § 350. The court in its discretion may exclude **evidence** if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice. California Evidence Code § 352. In determining **child custody** or visitation, the court shall consider all **documented evidence** of any history of **domestic violence** between the parties. California Family Code § 3011(a)(2). In a child custody proceeding, text messages and written communications are **admissible as evidence** only if they were obtained legally, are relevant to the case, and are authenticated (proven to be genuine). Boyd Law (2024).
Video: For a video explaining the core rules for admitting evidence in a court of law: What Is Admissible Evidence?
EX PARTE
Definition: A Latin phrase meaning **”from one party.”** An **ex parte** hearing is a judicial proceeding conducted at the request of one party, without the presence or full formal notice to the opposing party. In family law, this procedure is reserved for **emergencies** only, such as when there is an immediate and present danger of domestic violence, child abduction, or irreparable harm to property that cannot wait for the standard notice period.
Explanation: An **ex parte** hearing is an emergency hearing. You ask the judge for this order when you need immediate protection (like a **Domestic Violence Restraining Order**) or immediate court action (like freezing a bank account) because if you wait two weeks for a normal hearing, something terrible or irreversible will happen, like a child being taken out of the country. Because the other side doesn’t get a chance to fully prepare, **ex parte** orders are usually only temporary and are followed up by a full hearing.
Example: A judicial officer may issue an **ex parte** **Emergency Protective Order** where a law enforcement officer asserts reasonable grounds to believe that a person or a child is in immediate and present danger of **domestic violence** or **abduction**. California Family Code § 6250(a) and (b). California courts only grant **ex parte** orders upon a showing of **irreparable harm**, such as a credible threat to a child’s safety, or preventing a spouse from liquidating marital **assets**. Did You Know? Grounds for Ex Parte California in Family Court (2025). **Ex parte** communication with a judge is generally prohibited by the Judicial Code of Conduct, except as expressly authorized by law, such as for scheduling, administrative, or true emergency purposes. Code of Conduct for United States Judges, Canon 3.
Video: For a video explaining how the most common **ex parte** order works: 5 Types of Restraining Orders in California — DVRO, CHRO, GVRO & More Explained
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EXCLUSIVE OCCUPANCY
Definition: A temporary order by the court granting one party the sole right to live in and have control over a shared residence, to the exclusion of the other party. In family law, this order is most commonly issued on an **ex parte** (emergency) basis under the **Domestic Violence** Prevention Act (**DVPA**) to protect the physical or emotional well-being of a party or child, or under Family Code § 3800 (the *Duke* order) when necessary to secure the child’s established schooling, emotional stability, or best interest.
Explanation: An **exclusive occupancy** order is a court mandate that forces one spouse to immediately move out of the family home, even if they own it, so that the other spouse and/or the children can stay. This is usually done only when there is an emergency, like a threat of domestic violence, or if it is determined to be absolutely necessary to keep the children stable during a divorce because the parties cannot safely co-exist.
Example: The court may issue an **ex parte** order excluding a party from the family dwelling if the court finds that physical or emotional harm would otherwise result to the other party or to any minor child of the parties. California Family Code § 6321(a) and (b). The court may issue an **exclusive occupancy** order only upon a showing that the party who will stay in the dwelling has a right under color of law to possession of the premises, and that the party to be excluded has assaulted or threatens to assault the other party or any minor child. California Family Code § 6321(b). A Family Law court may grant the party who has **child custody** temporary **exclusive use and possession** of the family home to avoid placing an undue burden on the minor children’s established schooling, emotional stability, or **best interest**. In re Marriage of Duke (1980) 101 Cal.App.3d 152, 155-156.
Video: For a video explaining the grounds for issuing an exclusive occupancy order in a divorce proceeding: Can Your Spouse Force You Out Of The Marital Home?
FAMILY CODE
Definition: The comprehensive body of California statutory law that governs all family-related judicial proceedings, including **dissolution of marriage**, nullity, legal separation, **child custody**, **child support**, **spousal support**, paternity, domestic violence prevention, and **adoption**. It codifies both procedural rules and substantive rights pertaining to family relationships.
Explanation: The **Family Code** is the book of California laws that holds all the rules for divorce, child custody, and family relationships. Any time a judge makes an order in a family law case—whether it’s dividing **community property**, setting the **child support** amount, or issuing a **DVRO**—they are acting based on the authority given to them by the **Family Code**. If a specific procedure isn’t covered in the **Family Code**, the court uses the rules that apply to civil lawsuits in general.
Example: The rules in the California Rules of Court, Title Five (**Family Rules**), apply to every action and proceeding to which the **Family Code** applies. California Rules of Court, Rule 5.2(c). The **Family Code** is divided into numerous divisions covering all aspects of domestic relations, such as Division 8 (**Custody** of Children) and Division 10 (**Prevention of Domestic Violence**). 2024 California Code :: Family Code. The court may use any suitable process or mode of proceeding that is consistent with the spirit of the **Family Code** and the rules, even if the procedure is not specifically indicated by a statute. California Rules of Court, Rule 5.2(d).
Video: For a basic understanding of a major division within the Family Code: FL-180 JUDGMENT OF DISSOLUTION EXPLAINED
FAMILY COURT SERVICES (FCS)
Definition: A mandatory, non-adversarial court program mandated by the **Family Code** that provides mediation (or **Child Custody** Recommending Counseling) to parents in **contested** **custody** and visitation disputes. The goal of **FCS** is to help parents reach a written agreement (a **stipulation**) to resolve their differences outside of the courtroom and assist the court in applying the **best interest of the child** standard.
Explanation: **Family Court Services** (**FCS**) is a neutral office within the court system where divorcing or separating parents must go if they can’t agree on a **custody** schedule. An **FCS** counselor meets with the parents to help them create their own parenting plan. If the parents still can’t agree, the counselor may be required to write a report and a recommendation to the judge, who will then use that recommendation to make the final **custody** order.
Example: In any **contested** proceeding involving **child custody** and **visitation**, the matter must be set for **child custody recommending counseling** (**FCS**) prior to the court hearing. California Family Code § 3170. The **FCS** program helps the parties develop a comprehensive parenting plan that addresses each child’s current and future developmental needs. California Rules of Court, Rule 5.210(d)(2). If a **FCS** mediator makes a recommendation to the court, the court must consider the recommendation but must ultimately determine **custody** based on the **best interest of the child** standard. California Family Code § 3184. Before attending **FCS** mediation, parents are usually required to watch a mandatory orientation video provided by the court. Superior Court of California, County of San Joaquin FCS.
Video: For a video explanation of what **Family Court Services** is and the mediation process: Family Court Services | Superior Court of California – County of San Diego
FIDUCIARY DUTY
Definition: A legal obligation imposing the **highest duty of good faith and fair dealing** that spouses owe to one another regarding the management and control of community **assets** and liabilities. This duty mandates full and complete disclosure of all financial facts and continues from the date of marriage until the **community property** estate is completely divided.
Explanation: A **fiduciary duty** is a rule that says spouses must be totally honest about money matters and can’t take advantage of each other. The law treats spouses like business partners with the highest duty of trust. This means you must show your ex all bank statements, tax returns, and investment details, and you can’t sell or hide any marital property without telling them. Breaking this **duty** (**breach of fiduciary duty**) can result in severe fines or the loss of the concealed asset.
Example: In transactions between themselves, spouses are subject to the general rules governing fiduciary relationships that control the actions of persons occupying confidential relations with each other. This confidential relationship imposes a duty of the **highest good faith and fair dealing** on each spouse, and neither shall take any unfair advantage of the other. California Family Code § 721(b). This **duty** includes the obligation to make full disclosure to the other spouse of all material facts and information regarding the existence, characterization, and valuation of all **assets** and debts. California Family Code § 1100(e). The **fiduciary duty** requires providing each spouse access at all times to any books kept regarding a transaction for the purposes of inspection and copying, and rendering true and full information concerning the **community property**. California Family Code § 721(b)(1) and (2). If a spouse commits a **breach of fiduciary duty** by failing to disclose an asset with malice, the court may award 100% of that asset to the injured spouse. California Family Code § 1101(h).
Video: For a video explaining how the fiduciary duty rule works and why it matters in divorce: [What is Fiduciary Duty? NOT Knowing will hurt you!](https://www.menslegal.com/video/what-is-fiduciary-duty-not-knowing-will-hurt-you/)
FILING
Definition: The act of formally submitting a document (such as a **Petition**, **Response**, or **Request for Order**) to the court clerk, who then accepts it and stamps it with the date and time, thereby making it part of the official court **record**. **Filing** a document usually establishes the date that a request was legally made, which is critical for issues like retroactivity of support orders and setting a **priority date** for certain claims.
Explanation: **Filing** is handing your court papers to the clerk at the courthouse so they become part of your official case. The date the clerk stamps on the paper is the **filing** date, and that date is often very important for your legal rights. For example, a request to change **child support** can only go back to the date you **file** the request, not the date you verbally asked your ex for a change.
Example: An action for **dissolution of marriage** is commenced by **filing** a petition with the superior court. California Rules of Court, Rule 5.2(b)(3). The date on which the Petition for Dissolution is **filed** establishes the priority date for determining how long a **spousal support** request can be retroactive. California Family Code § 2030. In a **contempt** proceeding, the party seeking **enforcement of order** must prove the original **order** was made, **filed**, and served on the other parent. California Code of Civil Procedure § 1209(g). All documents presented for **filing** must be legible and either typed or printed and must comply with the California Rules of Court. Superior Court of California, Contra Costa County Rules.
Video: For a video guide detailing the steps for filing initial divorce papers with the court: [Filing Your Forms with the Clerk’s Office](https://santaclara.courts.ca.gov/self-help/self-help-topics/self-help-family/virtual-divorce-workshop)
FINAL JUDGMENT OF DISSOLUTION
Definition: The final court order signed by the judge that legally terminates the marriage or **domestic partnership**, restores the parties to the status of unmarried persons, and memorializes the court’s complete ruling on all outstanding issues, including **custody**, **support**, and the **equal division** of **community property** and debts. The **final judgment** must specify the exact date on which the marriage is legally terminated.
Explanation: The **Final Judgment of Dissolution** is the official, signed paper that makes you legally single. It is the end of the divorce process and includes all the judge’s orders about the children, the property, and the money. In California, there is only one judgment, which must specify the exact date the marriage ends, which must be at least six months and one day after the petition was served. Once this judgment is entered, the **Automatic Temporary Restraining Orders (ATROs)** are lifted, except for those parts incorporated into the final order.
Example: A **judgment of dissolution of marriage** shall specify the date on which the judgment becomes finally effective for the purpose of terminating the marriage relationship of the parties. California Family Code § 2340. The court has continuing jurisdiction to award community estate assets or community estate liabilities that have not been previously adjudicated by a **final judgment of dissolution**. California Family Code § 2556. The court may impose conditions on granting a **bifurcation** of status, such as requiring a party to maintain health insurance for the other party until **final judgment** has been entered on all remaining issues. California Family Code § 2337(c)(2). The **final judgment of dissolution** of an 18-year marriage followed the interlocutory judgment and incorporated a **marital termination agreement** setting forth the parties’ rights and duties. Chauncey v. Niems (1986) 182 Cal.App.3d 967, 970.
Video: For a video explaining the steps to take after the court issues the Judgment of Dissolution: [CRITICAL STEPS TO TAKE AFTER DIVORCE JUDGMENT – CALIFORNIA – VIDEO #48 (2021)](https://www.youtube.com/watch?v=Naba5DTM__s)
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