Marriage and Dissolution

Family Code section 2310 defines the grounds for dissolution: irreconcilable differences or permanent legal incapacity. California is a no-fault state, meaning neither party has to demonstrate the bad behavior of the other party to obtain a divorce or legal separation.

Family Code section 2320 sets out the state’s residency requirements: six months of consecutive residency in California immediately prior to filing and three months of consecutive residency in the county of filing immediately prior to filing.

Family Code section 2339 establishes a mandatory six-month waiting period, meaning the court cannot terminate marital status until at least 6 months and 1 day from the date the Respondent is served the summons or responds, whichever comes first.

Family Code section 2337 governs bifurcation, allowing the court to terminate marital status while reserving jurisdiction, or power, over other issues.

Property Division

Family Code section 760 defines community property generally as assets and debts acquired or incurred by either spouse from the date of marriage to the date of separation. Family Code section 2550 mandates equal division of the total community property estate, except where the parties mutually agree otherwise.

Family Code section 770 defines separate property as those assets and debts acquired or incurred by a spouse before the date of marriage, after the date of separation, from a traceable separate property source or by gift or inheritance or testamentary devise.

Family Code section 1100 establishes fiduciary duties that require transparency, good faith and fair dealing in all financial activity and disclosure between spouses. Family Code section 1101 provides remedies for breach of fiduciary duties, including awards of up to 100 percent of an asset.

Family Code section 2640 provides for reimbursement of separate property contributions towards the acquisition of community property.

Family Code section 70 defines the date of separation.

Disclosure Requirements

Family Code sections 2100 through 2113 establish the mandatory Declaration of Disclosure (FL-140) framework in divorce and legal separation cases.

Family Code section 2104 requires each spouse to complete and provide the other party their Preliminary Declarations of Disclosure within 60 days of their filing of either a Petitioner (FL-100) or Response (FL-120). Preliminary Declarations of Disclosures cannot be waived.

Family Code section 2105 requires Final Declarations of Disclosure to be completed and provided to the other party before trial or judgment, although Final Declarations of Disclosures can be waived.

Family Code section 2107 provides sanctions for noncompliance with the Declaration of Disclosure requirements.

Family Code section 2122 allows for a set aside of a divorce or legal separation judgment if a party failed to comply with the Declaration of Disclosure requirements.

Child Custody and Visitation

Family Code section 3011 lists factors to consider when determining the best interest of the child in a child custody context. Family Code section 3020 announces the state’s policy of fostering frequent and continuing contact with both parents.

Family Code section 3042 addresses procedures the court must follow when a litigant requests the court consider testimony from a minor child.

Family Code section 3044 creates a rebuttable presumption against awarding legal or physical custody to a party found to have perpetrated domestic violence against a child or the other parent.

Family Code section 3170 requires court-sponsored mediation of contested custody issues through Family Court Services.

Child Support

Family Code section 4055 describes the state’s guideline child support formula. Family Code section 4057 establishes the presumption that the guideline amount is correct.

Family Code section 4058 defines income that can be considered for support purposes. Family Code section 4059 lists allowable guideline deductions.

Family Code section 4062 identifies mandatory and discretionary add-on expenses that can be ordered in addition to guideline child support.

Family Code section 3751 requires health insurance coverage orders for children.

Family Code section 4065 allows for modification of child support orders following a change of circumstances.

Spousal Support

Family Code section 4320 lists the factors courts must consider when entering or modifying a judgment for permanent spousal support. Family Code section 4336 addresses duration of spousal support based on the length of marriage.

Family Code section 3600 authorizes temporary spousal support during the pendency of the case.

Family Code section 4323 creates a rebuttable presumption of decreased need when the supported spouse cohabitates with a romantic partner.

Family Code section 3651 addresses modification and termination of spousal support.Domestic Violence

Parentage

Family Code section 7540 establishes the presumption that a child born to a cohabitating spouses is the child of both spouses.

Family Code sections 7570 through 7577 govern voluntary declarations of parentage, which establish a parent-child relationship of a child born to unwed parents .

Family Code section 7611 lists parental presumptions for children born to unwed parents. Family Code section 7541 provides for rebuttal of parental presumptions through genetic testing.

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.