Many Californians have had to deal with family law issues at some point in their lives. Maybe they got a divorce. Perhaps they are trying to get child support. Maybe they are trying to determine paternity after the birth of a child.
Family law encompasses a range of legal issues involving family relationships. Marriage, divorce, alimony, child custody, and child support are common issues. Dealing with these issues can be complex, which is why it is important for Californians to understand their legal rights and obligations and make informed decisions. Here are some common family law topics and the laws that apply.
Marriage
In California, couples must meet certain legal requirements before getting married. Both individuals must be at least 18 years old (they can marry at a younger age with parental consent), obtain a marriage license, and have the ceremony performed by an authorized officiant.
California also recognizes domestic partnerships, which allow same-sex couples to obtain legal rights and responsibilities similar to marriage. These relationships can affect property rights, healthcare decisions, and other legal matters.
Divorce and Legal Separation
Divorce in California is governed by a no-fault system, meaning that neither spouse has to prove wrongdoing to end the marriage. The most common ground for divorce is irreconcilable differences.
A divorce case may involve several legal issues, including:
- Division of property and debts.
- Child custody and visitation.
- Child support.
- Spousal support.
Each state is different when it comes to asset division in a divorce. California is one of the few states that follows community property laws. This means that, in most cases, assets and debts acquired during a marriage are considered jointly owned by both spouses and are typically divided equally during a divorce.
However, separate property, such as assets owned before marriage or received through inheritance, usually remains with the original owner.
California also allows legal separation, which lets spouses live separately and resolve financial or parenting issues without formally ending the marriage.
Child Custody
When couples separate or divorce, and there are children involved, the courts will prioritize the best interests of the child when deciding custody arrangements.
Custody is typically divided into two categories:
- Legal custody. This refers to the right to make important decisions about a child’s upbringing, including education, healthcare, and religion.
- Physical custody. This determines where the child lives and how parenting time is shared.
Courts often encourage parents to develop parenting plans that outline schedules, holidays, and decision-making responsibilities.
Child Support
California law requires both parents to contribute financially to the upbringing of their children until the child turns 18 (or 19 if still in high school). Courts use a state guideline formula to determine child support payments, which considers several factors:
- Each parent’s income.
- The amount of time the child spends with each parent.
- Certain childcare and healthcare expenses
Adoption
California law also allows adoption, which is when individuals or couples become the legal parents of a child. This process typically requires court approval and the termination of the biological parents’ legal rights.
There are several types of adoptions, including agency adoptions, independent adoptions, foster care adoptions, and stepparent adoptions. Each process has its own legal requirements and procedures.
Spousal Support
In some divorce cases, one spouse may be required to provide financial support to the other. This is known as spousal support or alimony.
Courts may award temporary support during divorce proceedings and long-term support after the divorce is finalized. Judges consider many factors when determining support, including:
- The length of the marriage.
- Each spouse’s earning capacity.
- Contributions to the household or career development of the other spouse.
- The standard of living during the marriage.
In many cases, spousal support lasts until the recipient remarries or either party dies.
FAQs
Q: What is the difference between legal separation and divorce in California?
A: Legal separation allows spouses to live apart and resolve issues like property division, child custody, and support without officially ending the marriage. Divorce, on the other hand, legally terminates the marriage and allows both individuals to remarry. Some couples choose legal separation for religious, financial, or personal reasons while they determine whether divorce is the right step.
Q: How long does a divorce take in California?
A: Under California law, there is a mandatory six-month waiting period before a divorce can be finalized. This waiting period begins once the divorce petition is served on the other spouse. While some cases may be completed shortly after the six months, more complex divorces involving disputes over property, custody, or support can take much longer.
Q: How do courts determine child custody in California?
A: When deciding custody, courts focus on the best interests of the child. Judges may consider several factors, including the child’s health, safety, emotional well-being, and the ability of each parent to provide a stable environment. Courts typically encourage shared parenting arrangements when they believe it will benefit the child.
Q: Can child support be modified in California?
A: Yes. Child support orders can be modified if there has been a significant change in circumstances, such as a job loss or a substantial increase in income. Either parent can request a court review to adjust the amount of support based on the current financial situation.
Q: Do unmarried parents have custody rights in California?
A: Yes. Unmarried parents can request custody and visitation orders through the family court. However, if paternity has not been legally established, the father will need to complete a paternity action before custody or child support orders can be issued.
Contact Us Today
Family dynamics can change in many ways. Sometimes issues crop up that require the expertise of a family law attorney.
Need help with your divorce? Trying to figure out child custody? Having trouble receiving child support? A Newport Beach family law attorney from The Bledsoe Firm is a trusted advocate who understands the complexities of California family law. To schedule a consultation with our office, fill out the online form or call (949) 749-3617.
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