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Rancho Cucamonga, CA 91730
Family law covers legal issues involving spouses, parents, children, and other family relationships. In California, these cases can involve divorce, legal separation, child custody, child support, spousal support, property division, parentage, and domestic violence restraining orders.
Family law decisions can affect where your children live, how much time you spend with them, what happens to your property, and whether one person must pay support. Understanding the basics can help you know what to expect when a family-related legal issue arises.
Family law is a broad area of law. Some people need help ending a marriage, while others need court orders involving children, property, or financial support.
Common California family law matters include:
The issues involved depend on the family’s circumstances. A divorce may involve property, support, and custody at the same time. Unmarried parents, on the other hand, may need custody and child support orders without going through a divorce.
A divorce, legally called a dissolution of marriage, ends a marriage. California requires a waiting period of at least six months before a divorce can become final. Spouses do not have to agree on every issue before filing.
A legal separation can address many of the same issues as divorce, but it does not end the marriage. The spouses remain legally married unless they later obtain a divorce.
In either type of case, spouses may need to address issues involving their children, property, debts, or support. They can reach agreements on these matters or ask the court to decide issues they cannot resolve.
Child custody determines how parents share responsibility for their children. Legal custody concerns who makes important decisions about a child’s education, health care, and other aspects of a child’s life. Physical custody concerns where a child lives.
Parenting time establishes when a child spends time with each parent. California courts make custody decisions based on the child’s best interests.
Parents can create their own parenting agreement and submit it to the court. If they cannot agree, a judge can make custody and parenting-time orders. Parents involved in disputed custody matters generally participate in mediation before a judge decides the issue.
Child support and spousal support serve different purposes. California law requires parents to support their children financially, while spousal support may be available during or after a divorce or legal separation. When calculating child support, California courts generally use a statewide guideline.
Factors used in the calculation can include:
Spousal support follows different rules. Depending on the type of support being considered, relevant factors can include earning capacity, the marital standard of living, the length of the marriage, and each spouse’s needs and obligations.
Support orders can sometimes be modified when circumstances change. An existing order generally remains effective until it is properly changed.
California is a community property state. In general, income and property acquired during the marriage before separation are community property.
Separate property can include:
Some assets contain both community and separate interests. This can happen with a house, a retirement account, an investment, or a business. Financial records may be needed to determine each spouse’s interest.
Spouses can agree on how to divide their property and debts. If they cannot agree, a judge can decide. When a court divides the community estate, California law generally calls for an equal division, although exceptions can apply.
Some family court orders can be modified after they are entered. For example, a parent might request a change to custody or parenting time because of a new work schedule, relocation, or changes in a child’s needs. Child support or spousal support may also be modified in qualifying circumstances.
An informal agreement between the parties does not necessarily change an existing court order. A person seeking an enforceable change may need to submit an agreement for court approval or ask a judge to modify the order.
The requirements depend on the type of order and the circumstances. If the parties cannot agree, the court may need to decide whether a requested change is appropriate.
Family law problems can affect your children, finances, home, and future. Whether you are dealing with divorce, custody, support, property division, or another family law matter, understanding your legal options can help you make informed decisions.
All American Law helps clients navigate a wide range of California family law matters. We can explain how the law applies to your situation, answer your questions, and help you determine the appropriate next steps.
Contact us or you can call us at (909) 944-8880 today to schedule an initial consultation with a California family law attorney and discuss your situation.
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