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The term family law, as its name implies, generally refers to any State regulation of the family unit. While divorce or pre-nuptial agreements usually come to mind, family law regulations often cover a great deal of additional issues such as domestic violence, restraining orders, and juvenile delinquency. Each State has its own unique system of family laws of which most can be grouped into either community property states (including California) or common law States (predominantly on the east coast).

California's family law regulations are primarily contained in the Family Code. You can access the entire code section (law) online California Family Code. The California Family Code is a somewhat recent development. Prior to 1994 the laws were spread out in various different code sections. Because of this some laws regulating family affairs will not be found in the family code, and you may wish to look in the California Civil Code, Penal Code, Welfare Code, or Probate Code. These are all available online. Of particular note is the distribution of marital assets (see community property) at death which is heavily regulated by the Probate Code.  Another is involving criminal matters ( i.e. domestic violence and juvenile delinquency) which are regulated in the Penal Code among other places.

California marriages and domestic partnerships are regulated by the family code and generally require that all legal steps be followed in just about every situation to form a legally recognized union. Contrary to popular belief, California does NOT allow for the creation of "common law" marriages. California will, however, recognize any marriage or legal union validly entered into elsewhere. So, for example, a couple that gets married according to the laws of another state or country, but not according to California requirements, will still be considered married should they move to California.

Divorce in California has been changed substantially by the new Family Code in 1994. Prior to this, a married person wishing to obtain a divorce had to prove their spouse had committed certain wrongful acts during the marriage before a divorce could be obtained. The new law changed all of this by eliminating most grounds for divorce and creating a new category for dissolution of marriage which is the modern “divorce”. Any spouse or domestic partner can now gain a dissolution of their marriage by claiming irreconcilable differences and does not need to prove fault of either party. In fact California does not even allow evidence of bad deeds to come into divorce proceedings for determining property distribution or any other matter unless it is directly relevant (i.e. domestic violence and custody of children).

An experienced California family law attorney can offer advice and guidance on the related issues surrounding divorce, property settlement, alimony, child custody and support, visitation, adoption, domestic partnerships, and abuse. Please contact our lawyers today for information related to filing necessary paperwork, mediation, and legal representation.

Please contact us online or call us at 1-800-221-9847.