CA Family Law Specialist key terms

Property acquired during marriage while domiciled in California, generally owned equally by both spouses. Each spouse takes a one-half interest regardless of whose earnings or efforts produced the asset.

Assets owned by one spouse alone, such as property held before marriage, acquired by gift or inheritance during marriage, or traceable to such sources. It is confirmed to that spouse at dissolution.

Property acquired by either spouse while domiciled elsewhere that would have been community property had California been the domicile. It is divided like community property at dissolution or death.

The accounting method used to follow funds from a separate or community source into a new asset, establishing ownership by source. Commingling makes tracing harder and may shift the burden of proof.

Two methods for allocating income from separate property that was improved by community labor. Pereira awards the community a fair return on the separate capital; Van Camp credits the community with the value of services minus that return.

A change in character of marital property from separate to community or the reverse. California requires an express written declaration by the affected spouse, and real property needs a recorded writing.

The confidential relationship requiring each spouse to deal fairly and disclose material information about finances and property. Breach may support a claim for damages or set-aside of a transaction.

A contract signed before marriage that may define property rights, spousal support, and obligations on dissolution or death. It must be in writing, voluntary, and meet disclosure and independent counsel requirements.

The standard allowing a court to refuse enforcement of a premarital or marital agreement that is both procedurally and substantively unfair at the time of enforcement, particularly regarding spousal support waivers.

The date spouses stopped living together as a married couple, marked by at least one spouse's intent to end the marriage and conduct consistent with that intent. It fixes the cut-off for community earnings.

The legal proceeding ending a marriage, resolving status, property division, support, and custody. California is a no-fault state, so proof of wrongdoing is not required to dissolve.

A simplified, low-cost procedure to end a short marriage with minimal assets and no children. Both spouses must meet statutory eligibility conditions and file a joint petition.

A judgment that keeps the marriage intact but resolves property, support, and custody. It does not terminate marital status and does not end the right to inherit or remarry.

A judgment declaring a marriage void or voidable, for example due to bigamy, incest, or incapacity. It differs from dissolution because no valid marriage is recognized.

A person who participated in a marriage ceremony in good faith believing the marriage valid, though it was legally defective. The person may claim a share of property acquired during the union.

A civil claim between unmarried cohabitants to enforce an express or implied agreement about property and finances. Courts will not imply agreements based only on the fact of cohabitation.

Payments from one spouse to the other after separation or dissolution to maintain a standard of living or assist rehabilitation. Amount and duration depend on statutory factors such as marriage length and need.

Support ordered while the dissolution case is pending, before final judgment. It is often calculated by a guideline formula and may be modified retroactively to the date of filing.

For marriages of ten years or more, courts may order support of indefinite duration rather than a fixed term. The length of the marriage remains a key factor in setting duration.

A notice in a support order telling a supported spouse to make reasonable efforts toward self-support. Failure to do so may justify reducing or terminating support later.

The statewide formula setting child support based on each parent's net disposable income, time share, and other factors. It is presumed correct and departs only with written findings.

A change to an existing support order based on a material change in circumstances, such as income loss or changed time share. Modification generally applies from the date of filing.

The broad measure of earnings and resources used to calculate support, including wages, bonuses, self-employment profit, and certain benefits. Courts may impute income to a parent who avoids employment.

The collection of unpaid support through wage garnishment, liens, license suspension, or contempt. Past-due support is generally not retroactively reduced and carries interest.

The allocation of legal custody, meaning decision-making authority, and physical custody, meaning where the child lives. Orders must serve the child's best interest.

The governing standard for custody and visitation decisions, weighing factors such as health, safety, emotional ties, and stability. It also guides relocation and some support determinations.

A written schedule and set of rules defining each parent's time with the child, exchanges, holidays, and communication. Courts often adopt it as part of a custody order.

A request by a custodial parent to relocate a child a significant distance, which requires notice and may require court permission. The court applies the best interest standard to the proposed move.

A court order protecting a person from abuse by a spouse, former partner, co-parent, or other qualifying person. It may include stay-away, move-out, custody, and support provisions.

A short-term order issued when immediate danger exists, often before the respondent can respond. It lasts until a hearing on a longer restraining order.

A proceeding to punish or coerce compliance with a family law order, such as support or custody terms. It requires proof of a valid order, knowledge, and willful violation.

Temporary orders made while a case is pending, covering support, custody, and use of property. They remain in effect until modified or replaced by final judgment.

Separating the termination of marital status from remaining issues like property and support, allowing a party to remarry sooner. The court must find good cause and reserve jurisdiction.

The pretrial process of exchanging financial and other information through interrogatories, document demands, and depositions. Full disclosure is required because of the spouses' fiduciary duty.

The deadline for suing a spouse over a breach of the marital fiduciary duty, generally running from discovery of the breach. It may affect property claims long after dissolution.

Rules choosing which state's law governs property when spouses have lived in more than one state. California applies its own rules to property located here and to quasi-community assets.

Awards shifting litigation costs between spouses based on need and ability to pay, or as a sanction. Courts may order fees pendente lite or at judgment to ensure access to counsel.