Family Law Blog

Spousal support in California has no fixed term written into the law. For marriages under 10 years, the working assumption is support for about half the length of the marriage. For marriages of 10 years or more, the court keeps the power to order support indefinitely, which is where the so-called 10-year rule comes from. […]

California does not recognize common law marriage. Living together for seven years, ten years or thirty years does not make a couple legally married in this state, and no amount of shared bills, shared children or shared last names changes that. California does, however, recognize common law marriages that were validly formed in a state […]

In California, the date of separation is the date a complete and final break in the marital relationship occurred. Under Family Code section 70, that break requires two things: one spouse told the other spouse they intended to end the marriage, and that spouse’s conduct was consistent with that intent. For Orange County spouses and […]

California divorce forms are standardized statewide, published by the Judicial Council, and available free. That is the good news. The complication is that there are dozens of them, and which ones you need depends on your circumstances. This sets out the divorce paperwork in the order you will actually use it, and flags the forms […]

Child support in California does not stop by itself in every situation, and the assumption that it does causes real problems. Parents keep paying past the end date, or stop before the obligation actually terminates and accumulate arrears. Here are the rules, the exceptions, and the steps that actually end the obligation. The General Rule […]

An emergency custody order in California is granted where waiting for the normal hearing process would expose a child to immediate harm. The procedure is called an emergency ex parte request, and it moves in days rather than weeks. It is also frequently misused, and a request that does not meet the standard damages your […]

An uncontested divorce in California is a divorce where both spouses agree on every issue—property, debt, support, and any custody arrangements—so the legal process can move forward without a judge deciding disputes. For individuals and couples in California, especially in Orange County, who want a simpler alternative to contested litigation, that often means a faster, […]

The preliminary declaration of disclosure is the mandatory financial exchange in every California divorce, legal separation and nullity case. Both parties must complete and exchange detailed financial documents, and it cannot be waived. For individuals and couples in Orange County who are going through or considering divorce or another family law matter, this is where […]

The FL-300 is the California family court form used to ask the court to make, change, or enforce an order in an existing family law case. If you need a judge to do something in a pending divorce, parentage, support, or other family law matter, this is usually the form you file. People in California […]

A registered domestic partnership in California carries nearly all the same rights and obligations as marriage under state law. Ending one works largely the same way as a divorce, and the process catches people out for exactly that reason. People who registered years ago, before same sex marriage was available, sometimes assume the partnership can […]