Major Aspects of Family Law in California

Family law in California refers to laws that involve the relationship between family members, including marriage and domestic partnerships. It includes divorce, child custody and visitation, child support, spousal support, wills and trusts, and adoption. 

According to the National Institute of Statistics and Geography (INEGI), California ranks 23rd in divorces, with 11.6 divorces for every 100 marriages.  It is important to mention that at the national level statistics have increased in recent years not only in California but also in other countries such as Mexico. And in this country, one in three marriages ends in divorce. 

In California, divorce is regulating by the Divorce Act or Divorce Act (DA) which regulates the dissolution of the marriage bond. Plus all the provinces of this country and establishes safeguards for the dissolution of the marriage bond, protection of minors, separation of assets and food. 

Whether you’re facing divorce or considering adoption, you’ll want to understand these aspects of family law in California. In order to get the best outcome possible for your case. 

A qualified family law attorney will be able to walk you through each step of the process. You have to make sure to have all the legal information you need about your rights and responsibilities in these matters.

The Process 

In general, there are five primary aspects to a family law case: litigation, negotiation, mediation, arbitration and collaboration. Of course each case is different, but these are some common tactics that most family law attorneys use to handle their cases. 

No matter which method you choose to pursue your case, it’s important to remember that whatever settlement you arrive at must be enforceable. You can always consult with a family law attorney in California if you need help with enforcing your settlement agreement.

Here are some of the major aspects of family law in California. Have a look! 

Child Support

A primary obligation of a parent is to support his or her children. This means paying for things like food, shelter, clothing and education. The amount paid varies depending on a number of factors, including how much money each parent makes. It also includes how many other children are being supported by both parents. 

When it comes to calculating child support payments, it’s important that they be done correctly. Mistakes can result in an imbalance that may not be easily rectified. A family law attorney can help you understand obligations when it comes to child support. They also walk you through any complicated paperwork associated with these payments if necessary.

Conservatorship (Guardianship)

A conservatorship, also called guardianship, is a legal relationship established by order of a court between an adult and a minor. It is an agreement in between an adult and adult who because of physical or mental disabilities is unable to care for himself.

Conservatorships are created to oversee and manage another person’s property, finances, health care decisions. They are created for other needs so that they can live as independently as possible. 

When considering a conservatorship for yourself or someone else, it’s important to work with an experienced family law attorney. They will ensure your rights are protected throughout all stages of litigation. 

Marriage & Cohabitation

Participation requirements such as age and gender (such as same-sex marriage) are largely governed by state law. In addition, different states have different laws governing legal partnerships other than marriage.

Divorce & Spousal Support

Also known as “divorce,” divorce is a court-ordered divorce with or without legal representation. Sometimes, after a divorce, financial support from one spouse is required from the other.

Child Custody & Alimony

When parents’ divorce, the court must decide what is in the best interests of the children, including housing and financial support.

Adoption & Foster Family

A number of legal considerations can be important in adopting or raising a minor.

Parental Responsibility & Emancipation

Parents are often responsible for the actions of their children. Some children can be “set free” if they can prove their maturity and ability to live apart from their parents.

Reproductive Rights

Laws governing abortion, birth control, artificial conception, and other reproductive rights are regulated and subject to change.

Domestic Violence Restraining Orders

Under California law, a domestic violence restraining order may be granted to protect you and/or your children from future harm or abuse. It may also be called a domestic violence protective order (DVPO). 

The court can grant temporary, emergency protection while you apply for a formal protective order after hiring a family law attorney. For more information on how to get an emergency DVPO, contact your county’s family law facilitator program. For more information on how to get a DVPO generally, contact your county’s family court.

Although these violations are dealt with in criminal courts, they often cause legal problems that also affect the family.

Hope this article is helpful in understanding the major aspects of family law in California!

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