A

Annulment (Nullity of Marriage)

A court order declaring that a marriage is invalid. Unlike a dissolution, an annulment requires proving specific grounds such as fraud, bigamy, incest, force, or incapacity. See Family Code §2200 through §2210.

Automatic Temporary Restraining Orders (ATROs)

Standard restraining orders that automatically go into effect when a petition for dissolution, legal separation, or nullity is filed and served. ATROs prevent spouses from transferring property, changing insurance beneficiaries, or taking children out of state without court or the other spouse’s written consent. See Family Code §2040(a)(2).

B

Best Interest of the Child

The legal standard California courts use when making custody and visitation decisions. The court considers factors including the child’s health, safety, welfare, history of abuse, the nature and amount of contact with both parents, and any substance abuse issues. See Family Code §3011.

C

Child Custody

The legal arrangement determining which parent has the right to make important decisions about a child (legal custody) and where the child primarily lives (physical custody). Custody can be sole to one parent or joint to both parents.

Child Support

Court ordered payments from one parent to the other intended to assist with the costs of raising a child. California uses a statewide formula (guideline child support) based on each parent’s income, tax filing status, time with the child, and other factors. See Family Code §4050 through §4076.

Community Property

Typically all assets and debts acquired by either spouse during the marriage (from the date of marriage to the date of separation). California is a community property state, which means community property should be divided equally upon dissolution, absent a written agreement by the parties to the contrary. See Family Code §760.

Contempt of Court

A finding that a party willfully disobeyed a valid court order. In family law, contempt can be used to enforce child support, spousal support, custody, and visitation orders. Contempt can result in fines, jail time, or both. See Code of Civil Procedure §1209 through §1222.

D

Date of Separation (DOS)

The date one spouse communicates to the other their intent to end the marriage, accompanied by conduct consistent with that intent. The date of separation is critical because it determines when community property accumulation stops and separate property begins. It can also be important in determining how long spousal support is paid. See Family Code §70.

Declaration

A written statement of facts signed under penalty of perjury. Declarations are used extensively in family law to present evidence to the court in support of requests for orders, responsive declarations, and other filings.

Default

When the respondent fails to file a Response and more than 30 days have passed since respondent was served, the court can place respondent in default upon the written request of the petitioner. A default allows the petitioner to proceed without the respondent’s participation, though the court can only grant what was clearly requested in the Petition.

Dissolution of Marriage (Divorce)

The legal process of ending a marriage. California is a no-fault state, meaning neither spouse needs to prove wrongdoing. The only grounds required are irreconcilable differences. See Family Code §2310.

Domestic Violence Restraining Order (DVRO)

A court order protecting a person from abuse by a spouse, former spouse, cohabitant, co parent, or person with whom they have or had a dating or engagement relationship. DVROs can include stay away orders, move out orders, custody and support orders, and other protective provisions. See Family Code §6300 through §6389.

E

Ex Parte Request

An emergency request made to the court without the normal notice period typically required. In family law, ex parte applications can be used when there is an immediate danger to a child, risk of property being hidden or destroyed, or other urgent circumstances requiring the court’s immediate attention.

F

Family Law Facilitator (FLF)

A court employed attorney available in every California county to provide free assistance to self represented litigants in family law cases. FLFs help with child support, spousal support, and health insurance issues, and may assist with other family law matters depending on the county. See Family Code §10000 through §10015.

Fee Waiver

A court approved request to waive filing fees and other court costs for litigants who cannot afford them. In California, a fee waiver is granted when a party receives public benefits, has household income at or below 125% of federal poverty guidelines, or can show that paying fees would be a financial hardship. See Government Code §68630 through §68640.

Fiduciary Duty

The legal obligation each spouse owes the other to act honestly and in good faith regarding community property. This duty exists from the date of marriage through the final division of assets, and requires full disclosure of all assets, debts, income, and expenses. See Family Code §1100 through §1101.

Filing

The act of submitting legal documents to the court clerk for official processing. Filing typically requires payment of a fee unless a fee waiver has been granted.

G

Guideline Child Support

The amount of child support calculated using California’s statewide formula. The guideline considers each parent’s net disposable income, the percentage of time each parent has with the child, tax filing status, and certain allowable deductions. Courts must order guideline support unless specific findings justify a departure. See Family Code §4055.

I

Income and Expense Declaration

A mandatory court form used to disclosure a party’s income, expenses, assets, and debts. The Income and Expense Declaration (FL-150) is required for most child support, spousal support, and attorney fee requests, and must be current (completed and filed within the past three months).

Interest on Lawyers’ Trust Account (IOLTA)

A special bank account where attorneys hold client funds in trust until the funds are earned or disbursed. IOLTA accounts are required under California Rules of Professional Conduct Rule 1.15 and the interest earned supports legal aid programs.

J

Judgment

The final court order that resolves a family law case. A judgment of dissolution officially ends the marriage (subject to the six month waiting period from service), divides property and debts, and may include orders for custody, visitation, child support, and spousal support.

Jurisdiction

The court’s authority or power to hear and decide a case. For dissolution in California, at least one spouse must have lived in the state for six months and in the county of filing for three months.See Family Code §2320; §3400 through §3424 (UCCJEA).

L

Legal Custody

The right and responsibility to make important decisions about a child’s health, education, and welfare. Legal custody can be sole (one parent decides) or joint (both parents share decision making). See Family Code §3003.

Legal Separation

A court proceeding similar to dissolution that addresses custody, support, and property division, but does not end the marriage. Parties remain legally married, which may be important for religious reasons, insurance coverage, or immigration status. See Family Code §2310(b).

Limited-Scope Representation (Unbundled Legal Services)

An arrangement where an attorney handles only specific parts of a case rather than the entire matter. For example, an attorney might draft documents, prepare for a hearing, or review a proposed agreement without representing the client in all aspects of the case. See California Rules of Professional Conduct Rule 1.2.

Lis Pendens

A recorded notice that a lawsuit affecting title to real property is pending. In family law, a lis pendens may be recorded to protect a community property interest in real estate during a dissolution proceeding.

M

Marital Settlement Agreement (MSA)

A written contract between spouses that resolves issues in a dissolution, including property division, debts, custody, visitation, child support, and spousal support. When approved by the court, an MSA becomes part of the final judgment.

Mediation

A process where a neutral third party helps disputing parties reach an agreement. In California, mediation is mandatory before a custody or visitation hearing (called “Child Custody Recommending Counseling” in many counties). See Family Code §3170.

Move Away (Relocation)

When a parent seeks to relocate with a child a significant distance from the other parent. Move away orders require consideration of a number of factors. See Marriage of LaMusga (2004) 32 Cal.4th 1072.

N

Notice of Entry of Judgment

A document served on both parties by the court clerk after a judgment is entered, notifying them of the court’s final orders. The date of notice of entry is important because it starts the clock for filing post judgment motions and appeals.

P

Parentage (Paternity)

The legal determination of who a child’s parents are. Establishing parentage is important for obtaining court orders for custody, visitation, and child support when the parents are not married. California allows parentage to be established by voluntary declaration or court action. See Family Code §7600 through §7650.

Petition

The initial document filed with the court to begin a family law case. In a dissolution, the petitioner files a Petition (FL-100) that identifies the parties, lists the issues to be resolved, and states what orders the petitioner is requesting.

Petitioner

The person who files the Petition to start a family law case. Being the petitioner does not give a party any legal advantage over the respondent.

Physical Custody

Refers to where the child lives. Physical custody can be sole (the child lives primarily with one parent) or joint (the child splits time between both parents’ homes). See Family Code §3004.

Preliminary Declaration of Disclosure (PDOD)

A mandatory exchange of financial information between parties early in a dissolution or legal separation case. The PDOD typically includes a Schedule of Assets and Debts (FL-142) and an Income and Expense Declaration (FL-150). See Family Code §2104.

Proof of Service

A document filed with the court that proves legal papers were properly delivered to the other party. California law requires specific methods of service depending on the document involved, and the proof of service must be completed by a non-party to the case.

Q

Qualified Domestic Relations Order (QDRO)

A specialized court order that divides a retirement plan between spouses. A QDRO is necessary to divide private 401(k) plans, pensions, and other employer sponsored retirement benefits.

R

Request for Order (RFO)

A motion filed with the court asking for orders in a family law case. RFOs are commonly used to request custody, visitation, child support, spousal support, attorney fees, or other relief. Filed on Request for Order (FL-300). See California Rules of Court, Rule 5.92.

Respondent

The person who receives and responds to the Petition in a family law case. The respondent has 30 days from service to file a Response (FL-120).

Restraining Order

A court order that prohibits a person from doing certain acts, such as contacting, threatening, or coming near another person.

S

Separate Property

Property owned by one spouse before marriage, acquired after the date of separation, or received as a gift or inheritance during the marriage. Separate property is not subject to division in a dissolution. See Family Code §770.

Service of Process

The legal procedure for delivering court documents to the other party. The initial Petition and Summons typically must be personally served (hand delivered) by someone who is not a party to the case and is at least 18 years old. Subsequent documents may be served by mail.

Six-Month Waiting Period

California requires a minimum six month waiting period from the date the respondent is served with the Petition and Summons or responded (whichever comes first) before a dissolution can become final. This is a mandatory cooling off period. See Family Code §2339(a).

Spousal Support (Alimony)

Court ordered payments from one spouse to the other for financial support. Temporary spousal support is often calculated using a guideline formula during the case. Long term (permanent) support after judgment is based on factors listed in Family Code §4320, including the marital standard of living, length of the marriage, each party’s earning capacity, and the supported party’s ability to become self supporting.

Status-Only Judgment (Bifurcation)

A court order that terminates the marital status (makes the divorce final) while reserving other issues like property division, support, and custody for later resolution. Bifurcation allows parties to be legally single before all issues are resolved. See Family Code §2337.

Stipulation

A written agreement between parties on one or more issues in a case. When signed by both parties and approved by the court, a stipulation becomes a binding court order.

Subpoena

A legal document requiring a person to appear and testify or to produce documents or records. Subpoenas are commonly used in family law to obtain financial records, employment records, and other important evidence.

Summons

The official court document that accompanies a Petition and notifies the respondent that a family law case has been filed. The Summons includes the ATROs and informs the respondent of the deadline to file a Response.

T

Transmutation

A change in the character of property from community to separate, or separate to community, made by agreement between spouses. A transmutation must generally be in writing and contain an express declaration by the spouse whose interest is adversely affected. See Family Code §850 through §853.

U

Uncontested Divorce

A dissolution where the petitioner and respondent come to an agreement to resolve their case without the need of a trial. Uncontested divorces are faster and less expensive because no trial or contested hearings are required.

V

Visitation (Parenting Time)

The schedule of time parent spends with their child. California courts also use the term “parenting time” and favor arrangements that allow frequent and continuing contact with both parents, consistent with the child’s best interests. See Family Code §3020.

Voluntary Declaration of Parentage (VDOP)

A form signed by both parents (typically at the hospital when a child is born) that legally establishes parentage without a court order. A VDOP has the same legal effect as a court judgment of parentage. See Family Code §7570 through §7577.

Disclaimer: This article on California family law is published for informational purposes and does not constitute legal advice. Family law issues are fact specific and complex. Consult with a licensed family law attorney for specific advice about your case.