California Family Code

California is a pure no-fault divorce state. The only grounds for dissolution are (1) irreconcilable differences that caused the irremediable breakdown of the marriage, or (2) permanent legal incapacity to make decisions. Neither spouse needs to prove fault, wrongdoing, or blame to obtain a divorce.

Effective: 2015

Irreconcilable differences are defined as substantial reasons, determined by the court, for not continuing the marriage — reasons that make it appear the marriage should be dissolved. This is intentionally broad, allowing either spouse to seek divorce without specifying particular marital faults.

Effective: 1994

To file for divorce in California, at least one spouse must have lived in the state for 6 months and in the filing county for 3 months before filing. An exception exists for same-sex marriages performed in California when neither spouse lives in a state that will dissolve the marriage — they may file in the county where they married.

Effective: 2014

All property acquired by either spouse during the marriage while living in California is presumed to be community property. This includes wages, salary, bonuses, and any assets purchased with marital income. The community property presumption is the foundation of California's 50/50 property division system.

Effective: 1994

Separate property includes all property owned before marriage, property received during marriage by gift, bequest, or inheritance, and the income generated by separate property. Separate property is not divided in divorce — each spouse keeps their own. A spouse may sell or transfer separate property without the other spouse's consent.

Effective: 1994

Earnings and property acquired by a spouse after the date of separation are that spouse's separate property. The date of separation is legally significant because it determines when community property accumulation stops. Following legislative reform in 2016, spouses can be legally 'separated' even while still living in the same home if one has communicated the intent to end the marriage.

Effective: 2017

California requires a strict 50/50 split — the court must divide the community estate equally between the spouses, unless the parties agree otherwise in writing or by oral stipulation in open court. Unlike 'equitable distribution' states where judges have discretion, California mandates an equal division of all community property and debts.

Effective: 1994

The court must make orders ensuring each spouse receives their full community property share of any retirement plan, whether public (CalPERS, CalSTRS) or private (401(k), pension). The court can order survivor benefit elections and divide accumulated contributions. A Qualified Domestic Relations Order (QDRO) or similar court order is typically required to divide these benefits.

Effective: 1994

Courts must consider all relevant factors when determining the best interest of the child, including the health, safety, and welfare of the child; any history of abuse by a parent; the nature and amount of contact with both parents; and any history of substance abuse. The court may not consider a parent's sex, gender identity, gender expression, or sexual orientation.

Effective: 2024

California's public policy declares that the health, safety, and welfare of children is the court's primary concern in custody cases. It is generally in a child's best interest to have frequent and continuing contact with both parents — unless a parent's conduct endangers the child's health, safety, or welfare. The policy ensures children are shielded from conflict between parents.

Effective: 2020

Custody should be granted to both parents jointly or to either parent, based on the best interest of the child. There is no presumption for or against joint or sole custody — the court has broad discretion to choose the best parenting plan. When a child has more than two parents, the court allocates custody based on continuity, stability, and emotional bonds.

Effective: 2014

If a court finds that a parent has perpetrated domestic violence within the past 5 years against the other parent, the child, or the child's siblings, there is a rebuttable presumption that awarding custody to that parent is detrimental to the child. The abusive parent must overcome this presumption by a preponderance of the evidence, including completing a batterer's treatment program.

Effective: 2020

A parent with custody must notify the other parent at least 45 days before changing the child's residence for more than 30 days, unless there is prior written agreement. Notice must be sent by certified mail to the other parent's last known address and their attorney. This gives the non-moving parent time to seek mediation or file a motion to prevent the move.

Effective: 1994

A parent with custody generally has the right to relocate with the child, subject to the court's power to prevent a move that would harm the child's welfare. The non-custodial parent must show the move would cause detriment to the child before the court will reexamine the custody order. This 'presumptive right to move' does not apply to parents sharing joint physical custody.

Effective: 2004

California adopted a statewide uniform guideline for child support to comply with federal regulations and ensure consistency across all counties. The guideline amount is presumed to be the correct amount of child support. Courts may only depart from the guideline in special circumstances, such as substantially equal time-sharing with significant income disparities in housing costs.

Effective: 2024

California's child support is calculated using the formula CS = K[HN − (H%)(TN)], where CS is the support amount, K is the income allocation percentage, HN is the higher earner's net monthly disposable income, H% is the higher earner's percentage of custodial time, and TN is total combined net income. Updated September 1, 2024 by SB 343 to better reflect modern income sources and shared parenting time.

Effective: 2024

When ordering long-term spousal support, the court must consider all statutory factors including: each party's earning capacity and marketable skills, the marital standard of living, the supported spouse's contributions to the other's education or career, each party's assets and obligations, the impact of caring for children, documented domestic violence history, and any other factor the court deems just and equitable. There is no fixed formula for long-term support.

Effective: 2019

For marriages of 10 years or more (from marriage to separation), the court retains indefinite jurisdiction over spousal support — meaning the court can modify, extend, or reinstate support at any time. Marriages under 10 years typically result in support lasting about half the length of the marriage, though the court has discretion to treat shorter marriages as 'long duration' in appropriate cases.

Effective: 1994

A divorce proceeding begins by filing a petition (or joint petition) entitled 'In re the marriage of __ and __,' which must state whether it seeks dissolution or legal separation. The petition must include the date of marriage, date of separation, years of marriage, and the number, ages, and birth dates of minor children.

Effective: 1994

No divorce judgment is final until at least 6 months have passed from the date the respondent was served or appeared in court, whichever comes first. This mandatory cooling-off period cannot be waived and applies regardless of how quickly the parties reach agreement. The court may extend this period for good cause.

Effective: 1994

Couples who meet all requirements may use a simplified 'summary dissolution' process — no court appearance needed. Requirements include: marriage of 5 years or less, no children, no interest in real property (except a lease), community property below a dollar threshold (adjusted for inflation), and both parties agree to waive appeal rights. Both spouses must read the official summary dissolution brochure.

Effective: 1994

Each spouse must serve the other with a preliminary declaration of disclosure — a sworn statement listing all assets, liabilities, income, and expenses, regardless of whether the property is community or separate. The petitioner must serve it within 60 days of filing; the respondent within 60 days of their response. Two years of tax returns must be included. Perjury on this form can be grounds to set aside the entire judgment.

Effective: 2019

When custody or visitation is contested, the court must order mediation before any hearing. Every California county must have a mediator available for custody disputes. The goal is to help parents develop an agreement on a parenting plan in the children's best interest. Domestic violence cases follow a separate written protocol approved by the Judicial Council.

Effective: 2020

A court may issue a restraining order to protect someone from domestic violence based on a showing of reasonable proof of a past act or acts of abuse. Orders can be issued based solely on the petitioner's sworn statement, without requiring the other party to be present or notified first. Amended in 2024 (AB 2024) to strengthen protections and require background checks for firearms before hearings.

Effective: 2025

A court can issue emergency (ex parte) orders prohibiting a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, or destroying the personal property of the other party. These orders take effect immediately, can remove an abuser from the home (even if they own it), and include firearm surrender requirements under §6389.

Effective: 2024

A parent's absence due to military deployment, mobilization, or temporary duty cannot by itself justify a custody modification. Any custody changes made during deployment are temporary and must be reviewed when the service member returns, with a presumption that custody reverts to the pre-deployment order. The court must hold expedited hearings and allow electronic participation for deployed parents.

Effective: 2020

California recognizes collaborative law as an alternative to traditional adversarial litigation. Parties may enter a written agreement to resolve their family law disputes through good-faith negotiation with the assistance of collaborative professionals, without resorting to court intervention. If the collaborative process fails, both attorneys must withdraw and the parties retain new counsel for litigation.

Effective: 2015

In a divorce or annulment proceeding, the court must restore a party's birth name or former name upon request. This right cannot be denied because the party has custody of a child with a different last name, or for any reason other than fraud. This right does not apply in legal separation proceedings — only in dissolution and nullity cases.

Effective: 1994

A prenuptial agreement is unenforceable if the challenging party proves they did not sign voluntarily, or that the agreement was unconscionable and they were not given fair financial disclosure. To be considered voluntary, the party must have had independent legal counsel (or expressly waived it in writing after being advised), and must have received the final agreement at least 7 days before signing.

Effective: 2020