CA Family Law Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Residency requirement for dissolution

The petitioner must have resided in California for six months and in the county for three months immediately before filing the dissolution petition under Family Code section 2320.

Response deadline

A respondent served with a dissolution petition must file a response within 30 days of personal service; the period may be extended if service is by mail or outside California.

Six-month waiting period

A judgment dissolving the marriage cannot be entered until at least six months after the respondent is served or appears, unless the marriage is void for incest or bigamy.

Summary dissolution eligibility

Available when the marriage is under five years, there are no children of the relationship, community assets are under $25,000, debts are under $6,000, and both spouses waive support.

Preliminary declarations of disclosure

Before judgment, each party must serve a declaration of disclosure with an income and expense declaration, property declaration, and two years of tax returns under Family Code sections 2104 and 2105.

Bifurcation of marital status

The court may sever the status of the marriage from remaining issues under Family Code section 2337 upon finding irreconcilable differences and adequate protections for the other party.

Putative spouse doctrine

A party who believed in good faith that a void or voidable marriage was valid may claim property and support rights as a putative spouse under Family Code section 2251.

Best interest of the child

The governing standard for custody under Family Code section 3011, considering the child's health, safety, welfare, any history of abuse, and contact with both parents.

Domestic violence custody presumption

A finding that a parent perpetrated domestic violence within five years creates a rebuttable presumption against awarding that parent sole or joint custody under Family Code section 3044.

Guideline child support formula

Under Family Code section 4055, child support equals K times the high earner's net income minus the high earner's time percentage times total net income of both parents.

Imputed income

The court may base support on a parent's earning capacity rather than actual income when a parent is deliberately underemployed or unemployed under Family Code section 4058.

Duration of child support

Child support generally continues until the child turns 18, or 19 if the child is a full-time high school student and not self-supporting, under Family Code section 3901.

Temporary spousal support guideline

Temporary support is commonly set at 40% of the higher earner's net income minus 50% of the lower earner's net income, adjusted for child support paid or received.

Long-duration marriage

A marriage of ten years or more is generally treated as one of long duration, and the court retains jurisdiction over spousal support indefinitely unless the parties agree otherwise.

Spousal support factors

Family Code section 4320 lists factors including marriage length, standard of living, earning capacity, age, health, and contributions to the other spouse's career.

Voluntary declaration of parentage

A declaration signed by both parents at birth or later has the force of a judgment establishing parentage under Family Code section 7571.

Presumed parent

A person is presumed a parent under Family Code section 7611 if married to the mother at birth, listed on the birth certificate, or receiving the child into their home.

Community property presumption

Property acquired during marriage while domiciled in California is presumed community property, and the party claiming separate status must trace it to a separate source.

Separate property

Property owned before marriage, acquired by gift or inheritance during marriage, and the rents, issues, and profits of separate property under Family Code section 770.

Equal division rule

The court must divide the community estate equally between the parties unless they have agreed to a different division under Family Code section 2550.

Pereira apportionment

A method valuing a separate business by allocating a fair return on separate capital and treating the excess growth as community property.

Van Camp apportionment

A method that reimburses the separate estate for the reasonable value of the community's services and treats remaining profits as separate property.

Transmutation requirement

A married person may change the character of property only by an express written declaration under Family Code section 852, and extrinsic evidence may show intent.

Premarital agreement enforceability

An agreement is enforceable if in writing and signed, not unconscionable, and the party had seven days to review and independent counsel or a waiver under Family Code section 1615.

Spousal fiduciary duty

Spouses owe each other a duty of good faith and fair dealing, including full disclosure of assets and liabilities, under Family Code sections 721 and 1100.

Breach of fiduciary duty remedy

A spouse who breaches the fiduciary duty may be liable for the other's attorney fees and for 100% of the value of undisclosed or misappropriated community assets under Family Code section 1101.

Marital communication privilege

Confidential communications between spouses during marriage are privileged under Evidence Code section 980, but the privilege does not apply to communications furthering crime or fraud.

Domestic violence restraining order

A protective order under Family Code section 6200 et seq. may issue ex parte with a noticed hearing within 21 days and may be renewed for up to five years.

Firearm relinquishment order

A person subject to a domestic violence restraining order is generally prohibited from possessing firearms, and the court must order relinquishment under Family Code section 6389.

Support arrears interest

Unpaid child or spousal support accrues interest at 10% per year under Family Code section 685.010, and the order is not retroactively modifiable before the motion filing date.

Contempt for support nonpayment

Willful failure to pay support may be punished by contempt, requiring proof of the ability to comply and a willful failure, with a right to counsel if jail is possible.

Modification of support

A party seeking to modify a support order must show a change of circumstances, and the modification generally applies from the date the motion is filed.