Family law touches on deeply personal issues, such as your relationship with your children, your living situation, and even your financial future, but the legal jargon can feel unfamiliar and stressful. It’s important to stay informed and truly understand the terms used throughout the process because they carry specific meanings that can shape how your case moves forward.
The better you understand the language of family law, the better you can make informed choices and communicate with your attorney. The legal system is complex, and the outcome of your case depends on how the law applies to your specific circumstances, so it’s important to have a clear view of what’s happening in your case and an understanding of why certain decisions are made. An experienced family law attorney can help answer any questions you may have about the common terms listed below and ensure that your rights are protected.
The process of adoption involves establishing a permanent parent-child relationship between you and a child who is not biologically yours. Once an adoption is finalized, you assume the same rights and responsibilities as a biological parent under California law, which includes decision-making authority and financial responsibility for your child. An adoption usually requires court approval and background evaluations, and different types of adoption – such as domestic versus international – have different rules and procedures. The right legal guidance can help ensure that the adoption process moves forward without unnecessary delays.
Alimony – also called spousal support – is the term for payments one spouse gets from the other after a separation or divorce. Alimony is meant to help each spouse maintain financial stability and a certain standard of living after separation, especially when there’s a difference in earning capacity. To determine the amount of alimony, California courts consider several factors, including the length of your marriage and your income. Spousal support may be temporary or long-term, and the amount and duration can be modified if either of your circumstances changes. Clear legal advice can help you understand how support may apply to your case.
An annulment is a legal declaration that a marriage was never actually valid under California law. Unlike a divorce, an annulment treats a marriage as if it never existed. In California, annulments are only granted in limited situations, such as when there’s fraud or legal incapacity at the time of the marriage. Even if a marriage is annulled, courts may still have to address property and support issues. The legal requirements to get an annulment are strict and time-sensitive – an attorney can help assess whether this option may be available to you.
Child custody determines how legal authority and physical care of your child will be divided between you and your co-parent. Legal custody gives you the right to make decisions about your child’s education, healthcare, welfare, and other fundamental life choices. Physical custody determines where your child will live and how much parenting time you will share. California courts focus their custody decisions primarily on the child’s best interests, and custody arrangements can be modified if your family’s circumstances change.
Child support involves court-ordered payments for the purpose of covering your child’s expenses. California courts generally determine the amount of child support based on a formula that takes into account each parent’s income, the amount of time they spend with their child, the child’s health insurance costs, and other expenses. Child support orders can be modified if your family’s circumstances change, and they typically end once your child reaches adulthood, though there may be exceptions if your child has special needs.
A cohabitation agreement is a written contract between unmarried partners who live together that outlines how their finances, assets, and responsibilities will be handled during the relationship and what will happen if the relationship ends. These agreements can help you avoid disputes by setting clear expectations and boundaries in advance. California law allows cohabitation agreements if they meet certain legal requirements, and it’s important to have an attorney review the agreement to protect your best interests.
Collaborative law is a voluntary process where you and the other party, usually a co-parent or ex-spouse, agree to resolve your family law issues without going to court. Each of you works with an attorney and commits to open communication and problem-solving. The goal of a collaborative process is to reach agreements on issues such as property division, support, and parenting plans, while reducing conflict and maintaining your privacy. Collaboration may be an option when both sides are willing to come to the negotiation table in good faith.
California is a community property state, which means that generally, the assets and debts you acquire during your marriage will be considered jointly owned by both spouses. Separate property, in contrast to community property, usually includes assets one spouse owned before marriage or received individually as gifts or inheritances. Community property is typically divided equally between spouses in a divorce, while separate property belongs entirely to the owner. Identifying what qualifies as community property versus separate property is a critical but sometimes complex part of the divorce process, and an experienced attorney can help ensure your property is classified and divided correctly.
Contempt of court can happen when someone fails to follow a court order in a family law case. They may fail to pay support, ignore custody orders, or miss court appearances. Courts can impose penalties for contempt that include fines, attorney’s fees, or even jail time, and a charge of contempt can significantly alter the outcome of your family law case. Contempt proceedings follow specific rules and deadlines and may carry serious consequences.
Divorce is a legal process that ends a valid marriage. California is a no-fault divorce state, which means you do not need to prove wrongdoing by either spouse. In a divorce, courts address issues like property division, spousal support, and child custody and support if children are involved. Some divorces can be resolved amicably through a negotiated settlement agreement, while others may require court intervention, and the length of the process depends on the complexity of each case. It’s important to have an attorney you trust to protect your best interests throughout the divorce process so that you’re set up for a strong post-divorce future.
A domestic partnership is a legally recognized relationship under California law that’s available to couples who meet certain eligibility requirements and comes with many – but not all – of the same rights and responsibilities as marriage. Ending a domestic partnership can involve a legal process similar to divorce, and your rights and obligations depend on how your partnership was formed and the terms of your domestic partnership agreement.
Domestic violence involves abuse or threats of abuse between people in close relationships, which may include physical harm, emotional abuse, or controlling behavior. California courts can issue protective orders to help ensure your safety if you’re experiencing domestic violence. These orders – and the existence of domestic violence in the relationship – can affect custody, housing, and the level of contact between co-parents and children.
Expert witnesses are professionals with specialized knowledge in their field who sometimes provide testimony in family law cases. Their role is to offer opinions based on their training or experience in complex areas such as finance, asset appraisal, mental health, or child development. Courts rely on expert testimony to better understand deeper issues, but expert witnesses do not singlehandedly decide the outcome of the case.
A guardian ad litem is someone appointed by the court to represent a child’s best interests in a family law case. This role often appears in custody or visitation disputes, where the guardian ad litem may interview you, your co-parent, your children, and any other relevant parties, and make recommendations to the court. Their focus is on the child’s welfare rather than either parent’s position. Judges may give significant weight to their findings.
In a guardianship, an adult is legally appointed to care for a minor or an incapacitated adult. In family law, guardianship can come into play with children whose parents are unable to provide care, and the guardian will take responsibility for the child’s daily needs, education, and medical decisions. Guardianship does not permanently terminate parental rights. The process follows specific legal rules in California and is overseen by courts with regular reports.
In vitro fertilization is a medical process that helps individuals or couples conceive, sometimes with the help of a surrogate. Family law issues related to IVF often involve the use of genetic material and establishing parentage. Conflicts may arise over frozen embryos or donor agreements. California law addresses how legal parentage is established in these situations, and having a written agreement can be critical for avoiding disputes.
A legal separation allows spouses to live apart while staying legally married. Some people choose this option for personal or financial reasons. Unlike a divorce, legal separation does not end the marriage, but courts can issue orders regarding property division, support, and custody. The process follows many of the same steps as divorce, but understanding the difference with the help of an attorney can help you decide which path fits your situation.
California law offers broad protections for LGBTQ+ families. Common legal issues affecting same-sex couples and LGBTQ+ parents may include marriage, domestic partnerships, adoption and parentage, assisted reproduction, and custody. In California, disputes involving LGBTQ+ families are resolved using the same legal principles applied to all families.
Litigation refers to the process of resolving a family law dispute through the court system, with formal procedures such as filings, hearings, and – in some cases – trial. Litigation is usually a last resort when you and the other party cannot reach an agreement through alternative dispute resolution methods such as mediation, collaboration, or negotiation. In litigation, a family law judge will make decisions on your behalf based on the law and the evidence presented to them. Good legal representation can help you navigate each stage of the litigation process, which can get time-intensive depending on the complexities of the issues involved.
In mediation, you and the other party work with a neutral third person (a mediator) to resolve your family law disputes. The mediator does not make decisions, issue orders, or give you legal advice – instead, their role is to help facilitate balanced discussion and constructive negotiation. You can address all types of family law issues through mediation, including custody, support, and property division, and any agreements you reach in mediation can become court orders if approved by a family law judge. Unlike litigation, where the court decides the outcome, mediation gives both parties greater control over how their case resolves.
California is a no-fault divorce state, which means that either spouse can end the marriage without having to prove wrongdoing. You can simply cite “irreconcilable differences” as the reason for your divorce. This approach focuses on resolving any outstanding issues so that both spouses can move forward, rather than assigning blame. As a result, personal issues such as infidelity generally do not affect the outcome of a divorce in California.
If one parent acts in a way that interferes with their child’s relationship with the other parent, this is known as parental alienation. Common examples of this include trying to limit a child’s contact with the co-parent or influencing the child’s perception of them. California courts take claims of parental alienation very seriously when evaluating custody and visitation, because having a relationship with both parents is considered in the best interests of the child, unless there are other concerns such as domestic violence. As a result, any attempts at parental alienation tend to backfire and can have significant consequences for the outcome of your case.
Parental rights give you the legal authority to make fundamental decisions about your child’s care and upbringing, such as their education, medical treatment, and daily welfare. You also have a legal responsibility to care for and provide for your child. Both parents generally have equal parental rights unless a court orders otherwise. For example, parental rights may be limited or modified by custody orders, and they can only be terminated in specific situations. An attorney can help you understand your rights and protect your role in your child’s life.
A parenting plan is a written agreement or court order that outlines how parents will share responsibilities for their child. Parenting plans are designed to first and foremost promote stability for the child, and a clear, thoughtful plan should address custody rights, visitation schedules, decision-making authority, and even practical matters like the logistics of transporting your child between homes. The more thorough your terms, the lower the likelihood of future disputes, and you can adjust your plan if circumstances change. A court will review your parenting plan to ensure that it serves your child’s best interests.
Paternity refers to the legal identification of a child’s father. Establishing paternity can affect child custody, visitation, and child support rights. In California, you can establish paternity through voluntary declaration or court proceedings and use genetic testing when parentage is at dispute. Once you establish paternity, that creates legal responsibilities and parental rights. Clarifying paternity early on in a child’s life can help avoid complications later.
A pendente lite order is a temporary court order issued while a family law case is ongoing. These orders usually address issues like temporary spousal or child support, child custody, or use of property during your case in order to provide structure until final decisions are made. Generally, pendente lite orders remain in effect until they’re replaced or modified by a court, and violating these orders can lead to legal consequences, including contempt of court.
A postnuptial agreement is a written contract that you enter into after marriage that defines how your property, debts, and other financial matters will be handled during your marriage or if the marriage ends. California law allows couples to enter into postnuptial agreements if the terms meet specific standards, and courts check agreements for validity, for example, both spouses must fully disclose their financial information. A thorough review by an experienced family law attorney can make sure your agreement is legally enforceable.
A prenuptial agreement is a contract you can enter into before marriage that addresses how you and your spouse will handle your financial rights and obligations during the marriage and in case the marriage ends. A prenup often covers issues like property division and spousal support, but the terms must meet certain statutory requirements related to timing, disclosures, and consent to be enforceable. A family law judge must review the terms of any prenuptial agreement to ensure its validity under the law, so careful drafting is important.
Property division is the process of allocating assets and debts after a marriage or domestic partnership ends. As a community property state, California generally divides all “community” or marital property equally between spouses. In contrast, “separate” property belongs entirely to the owning spouse. It’s common for disputes to arise over how property should be classified, especially if you have complex or commingled assets. An experienced attorney can help you gather the documentation you need to support your claims.
A restraining order, sometimes called a temporary restraining order or TRO, is a court order intended to limit contact between individuals. A TRO might become necessary in a family law case if there are allegations of domestic violence, abuse, or threats. The terms of a restraining order usually require avoiding communication with the protected person and maintaining physical distance from them, including at their residence and workplace. While TROs are temporary, permanent restraining orders are available for the most egregious cases. Violating a restraining order can result in serious penalties and legal consequences.
Assets are classified as separate property if they were owned by one spouse before the marriage or partnership, or if they were received as a gift or inheritance. Unlike community property, separate property is not divided equally in a divorce. Instead, the original owning spouse keeps 100% of their separate property during the marriage and in case the marriage ends. You may run into issues if your separate property gets mixed or commingled with community property. For example, if you owned a house before the marriage but your spouse contributed to the mortgage payments during the marriage. An experienced attorney can help trace these assets to establish ownership and gather supporting documentation.
The separation date is the point in time when you or your spouse – or both of you – decide that your marriage is over and you act on that decision. This date matters because it affects how your property and debts are classified, as assets acquired after your separation date are generally considered separate property. If a dispute arises because each spouse claims a different date of separation, courts will look into intent and conduct to make a determination.
Surrogacy describes an arrangement in which a person carries and gives birth to a child for intended parents. California law allows for surrogacy agreements and provides a legal framework for establishing parentage. It’s important to define your rights and responsibilities in a written contract before the pregnancy begins, and courts may issue parentage orders to confirm your legal parent status after the birth of your child. Proactive legal planning helps protect everyone involved, as disputes can happen if your agreements are unclear or incomplete.
Visitation refers to the scheduled time that a non-custodial parent spends with their child. In California, visitation is also known as parenting time. Courts aim to create visitation arrangements that support the child’s well-being and stability, with schedules that vary based on your child’s needs and your family’s circumstances. The terms may also be modified if your circumstances change. It’s important to follow the terms of any visitation orders, as a violation could lead to serious consequences on your parental and custodial rights.
At Moradi Neufer, our experienced attorneys have helped countless clients in California navigate through difficult and sensitive transitions with care and precision. Whether you’re facing an issue regarding child custody, property division, or spousal support, having informed legal support can make a meaningful difference in how your case is resolved.
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