Family Law has jurisdiction over the following issues:

• Marital Dissolutions (Divorce) and Legal Separations
• Domestic Partnerships
• Domestic Violence Restraining Orders
• Child Custody and Visitation
• Establish Paternity or Parental Relationship
• Nullity
• Child and Spouse Support
• Marvin Actions (Local Rule 5.7)
  

Child support issues may be part of a dissolution of marriage under the jurisdiction of Family Law Court. However, if the Department of Child Support Services(DCSS) is involved with the enforcement of the child support issues, the matter is handled by DCSS and the Family Support Division.

Dissolution and Legal Separation

California law entitles you to a divorce (called a dissolution) based on irreconcilable differences. Fault in causing the breakdown of the marriage is no longer relevant in California. Your spouse does not need to give you permission, or even agree with you. To file for a divorce you or your spouse (Family Code section 2320) must have lived in the state of California for the last six months, and in the county where you file for the last three months. If you do not meet these residency requirements you may still file for a legal separation.

Before you file for a dissolution, understand that a divorce:

• will legally end your marriage forever;
• may divide your property and debts;
• may provide for child support and if requested, spousal support; and
• may determine who will care for the children and be entitled to make decisions on their behalf.

If you're not sure that you are ready for a divorce, you may want to seek personal or marriage counseling.

When is the legal process complete and the divorce final? The process of getting a divorce begins once you file the initial papers. Before your dissolution is complete, all the issues must be resolved, either by default, agreement or through contested court proceedings (hearings and/or trial) and as soon as you have prepared and filed all of the necessary paperwork and paid all the applicable fees. Everyone's case will take a different amount of time. The process may take several months if the case is uncontested, or it could take years if there is a lot of disagreement or complex issues. DO NOT ASSUME THAT YOU ARE DIVORCED UNTIL THERE IS A JUDGMENT FILED, SIGNED BY A JUDGE, AND ENTERED BY THE COURT.

A person is able to remarry only after the Judgment has been entered terminating marital status. The earliest date upon which marital status can be terminated is six months and one day after the Respondent was served with the Petition and Summons for dissolution or the date of appearance of the respondent, whichever occurs first (Family Code section 2339).

It is the responsibility of either or both parties to bring the case to Judgment. It is important that you seek legal advice if you have any questions.

There is a filing fee for all matters except for Domestic Violence Restraining Orders. If you cannot afford to pay the required fee, you may request the Application for Waiver of Fees and Costs. Forms are available in the clerk's office at each location or you can download them at the California Judicial Council Forms Page. Additional local forms may be required. When filing an initial petition for paternity, dissolution, legal separation, or a domestic violence case, you must file a Family Law Certificate of Assignment.

Child Custody and Visitation

The court will determine each parent's rights and obligations toward their children if the parties cannot agree on a parenting arrangement. The court will make decisions about your children if:

• you are going through a divorce (dissolution) and cannot agree on matters affecting the children
• you and the other parent were never married but one parent has asked the court for a legal order establishing the rights and obligations of each parent
• you are seeking a domestic violence restraining order and have children with the person to be restrained

Custody refers to the responsibility of caring for the children and planning for their future. If you have children with another person, the end of that relationship usually does not mean the end of your contact with that person. Together you should try to agree on a plan that is best for your children. There are many different types of custody:

• Joint custody means that both parents share physical and legal custody.
• Sole physical custody means that a child will live with and be under the supervision of one parent. In this type of arrangement it is common for the other parent to have visitation.
• Joint physical custody is defined as each parent having significant periods of physical custody with the child.
• Sole legal custody means that one parent shall have the right and the responsibility to make the decisions relating to the health, education and welfare of a child. In Joint legal custody, both parents share these rights and responsibilities.

If you and the other parent cannot agree on a plan, the court will decide. The official legal standard is always the child's "best interest". The policy favored by the courts is that arrangement which allows for frequent and continuing contact with both parents. Before the court makes these decisions, parents must go through a process with Family Court Services called mediation.

Mediation

Family Court Services is part of the court and provides mediation, counseling, and evaluation of families with custody and visitation disputes. A person may be ordered to mediation or evaluation when an action is started that involves custody or visitation. Please visit the Family Court Services page for more information.

Paternity

Paternity means fatherhood. Establishing paternity is the legal process of determining the legal father of a child. When parents are married, in most cases, paternity is established without legal action. If parents are unmarried, paternity establishment requires a court judgment of paternity. The process should be started by both parents as soon as possible for the benefit of the child(ren).

Establishing paternity is necessary before custody, visitation and child support may be ordered by the court. (Note: custody and visitation issues are handled separately from child support.) A permanent child support order cannot be established for a child until the alleged father admits paternity, it is proven that he is the father or a judgment of paternity is entered. If the man does not admit that he is the father, the court may order the mother, child and alleged father to provide a blood sample for testing.