General Family Law Terms
This brief list highlights common terms you’ll encounter in California Family Law matters. These definitions reflect how the courts, law firms, and legal professionals generally use and understand them. Any case law, legal citations, or code references included here are provided for general information only.
Divorce/Dissolution
A court process that legally ends a marriage and resolves issues like custody, support, and property division. California is no‑fault, meaning the court does not consider wrongdoing; the only grounds are irreconcilable differences or incurable insanity. The process includes mandatory financial disclosures and results in a final Judgment of Dissolution
Legal Seperation
A court order that addresses the same issues as divorce—custody, support, and property division—without terminating the marital status. Parties remain legally married, which can matter for insurance, immigration, or personal reasons. It requires mutual consent unless a spouse wants a dissolution.
Date of Separation
The point when one spouse clearly communicates the marriage is over and acts consistently with that decision. It marks the official end of the marital economic partnership under California law. Under Family Code §70, it is “the date that a complete and final break in the marital relationship has occurred,” shown by (1) one spouse expressing the intent to end the marriage, and (2) conduct consistent with that intent.
Spousal Support (Alimony)
Payments from one spouse to the other for financial support. Two types:
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Temporary support — maintains the status quo during the case
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Long‑term (permanent) support — based on the Fam. Code §4320 factors, including earning capacity, marital standard of living, and duration of marriage
Long‑term support is generally limited in shorter marriages and more flexible in marriages over 10 years.
Community Property
Assets and debts acquired by either spouse during the marriage, presumed to be owned equally. This includes income, retirement contributions, and property purchased with community funds. The presumption can be rebutted with evidence of separate property or valid agreements.
Separate Property
Property owned before marriage, acquired by gift or inheritance, or obtained after the date of separation. Income from separate property is also separate unless commingled or transmuted.
Property Division
The process of dividing community assets and debts equally unless the parties agree otherwise. California courts also address reimbursement claims (e.g., Epstein, Watts) when one spouse uses separate funds or occupies community property post‑separation.
Request for Order (RFO)
A formal motion asking the court to make or modify orders on custody, support, property, or other issues. Requires a supporting declaration and evidence. The court may issue temporary orders pending a full hearing.
Legal Custody
The authority to make major decisions about a child’s health, education, and welfare. California courts may order joint legal custody (shared decision‑making) or sole legal custody (one parent has final authority). Day‑to‑day decisions remain with the parent currently caring for the child.
Physical Custody
Determines where the child lives and who provides daily care. Can be joint (substantial time with both parents) or primary/sole (child lives mostly with one parent). Parenting time schedules are structured around the child’s best interests, stability, and developmental needs.
Visitation (Parenting Time)
The court‑ordered schedule for the non‑custodial parent’s time with the child. California uses several formats:
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Scheduled visitation — a detailed calendar
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Reasonable visitation — flexible, based on cooperation
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Supervised visitation — required when safety is a concern
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No visitation — rare, used only when contact would harm the child
Best Interest of the Child
The legal standard guiding all custody and visitation decisions. California courts prioritize the child’s health, safety, and welfare, the nature of each parent’s relationship with the child, stability, and—when appropriate—the child’s wishes. Domestic violence, substance abuse, and continuity of care are major factors.
Marital Settlement Agreement (MSA)
A written agreement resolving all issues in a divorce—custody, support, and property division. Once approved, it becomes part of the Judgment and is enforceable like any court order.
Child Support
A court‑ordered payment to meet a child’s financial needs. California uses a mandatory guideline formula (Fam. Code §4055) based on each parent’s income, tax status, and percentage of parenting time. Support typically covers basic needs, with add‑ons for childcare, uninsured medical costs, and sometimes extracurriculars.
Child Support Modification
A request to change an existing support order due to a material change in circumstances, such as income changes, job loss, or a shift in parenting time. Modifications are not retroactive before the filing date.
Mediation / Child Custody Recommending Counseling (CCRC)
A mandatory process in California custody cases where parents meet with a neutral professional to develop a parenting plan. In recommending counties, the mediator submits written recommendations to the judge if the parents do not agree.
Parentage (Paternity)
A legal determination of a child’s parents. Establishing parentage is required before the court can issue custody or support orders. Parentage may be established by voluntary declaration, genetic testing, or court order.
Domestic Violence Restraining Order (DVRO)
A court order protecting a person from abuse, threats, stalking, or harassment by a spouse, partner, or family member. A DVRO can include stay‑away orders, move‑out orders, custody restrictions, and firearm prohibitions. Violations carry criminal consequences.
Emergency Protective Order (EPO)
A short‑term restraining order issued by law enforcement, usually lasting 5–7 days, to provide immediate protection until the court can hear a DVRO request.
Temporary Restraining Order (TRO)
A short‑term protective order issued before the DVRO hearing. It remains in effect until the hearing date, typically 21–25 days.
