Key Terms in California Divorce & Family Law

Navigating a divorce or family law matter in Los Angeles can feel overwhelming — especially when attorneys, court documents, and judges use legal terminology that’s unfamiliar to most people. Understanding the language of California family law is one of the most important steps you can take to protect your rights and make informed decisions during one of life’s most challenging transitions.

At The Sands Law Group, our Los Angeles divorce and family law attorneys believe that an informed client is an empowered client. This glossary is designed to help everyday Angelenos — working families, parents, and individuals going through a divorce or custody dispute — understand the key terms they will encounter throughout the California family law process.

California family law is governed primarily by the California Family Code, and many of the rules and procedures here differ significantly from other states. Whether you are filing for dissolution of marriage, addressing child custody, dividing property, or seeking spousal support, knowing these terms will help you navigate the process with greater confidence.

Bookmark this page as a reference, and when you’re ready to speak with an experienced Los Angeles divorce lawyer, contact us for a free case evaluation.

Bifurcation / Bifurcate

In California divorce proceedings, bifurcation allows a court to divide a case into separate parts and resolve certain issues independently, rather than waiting for the entire case to be settled at once. Most commonly, bifurcation is used to restore marital status — meaning the court can legally end the marriage and return both spouses to “single” status — while still reserving unresolved issues such as property division, spousal support, or child custody for determination at a later date.

This can be an important tool for spouses who want to move forward personally and financially (such as remarrying or adjusting tax filing status) while complex financial or custody matters are still being litigated.

Why it matters in Los Angeles: High-asset divorce cases or cases involving business ownership disputes often use bifurcation to separate the marital status issue from lengthy financial proceedings.

Child Custody

Child custody refers to the legal arrangement that determines where a child lives and who has the authority to make decisions about that child’s upbringing. In California, courts evaluate custody based on the best interests of the child standard, considering factors such as the child’s health, safety, welfare, and the nature of each parent’s relationship with the child.

California recognizes two types of custody:

• Legal custody — the right to make decisions about the child’s education, healthcare, and general welfare
• Physical custody — where the child physically lives on a day-to-day basis

Both legal and physical custody can be awarded jointly (shared between parents) or solely (to one parent). See individual definitions below for more detail.

Child Support

Child support is the financial obligation one parent has to contribute to the costs of raising their child after separation or divorce. In California, child support is calculated using a statewide guideline formula that takes into account each parent’s income, the amount of time each parent spends with the child (timeshare), tax filing status, and other allowable deductions.

Child support in California is generally considered non-negotiable — courts are required to follow the guideline formula unless specific legal exceptions apply. Support typically continues until the child turns 18 (or 19 if still in high school and living with a parent).

Key point: Either parent can request a modification of child support if there is a significant change in circumstances, such as a job loss, increase in income, or change in the custody arrangement.

Community Property

California is one of only nine community property states in the United States. Under California Family Code § 760, community property includes all assets and debts acquired by either spouse during the marriage while domiciled in California. Upon divorce, community property is generally divided equally (50/50) between both spouses.

Common examples of community property include:

• Wages and salaries earned during the marriage
• Real estate purchased during the marriage
• Retirement contributions made during the marriage
• Vehicles and personal property acquired together

Understanding what is and is not community property is critical in any Los Angeles divorce, particularly in cases involving high incomes, real estate, business interests, or retirement accounts.

Community Estate

The community estate is the broader term that encompasses both community property and quasi-community property (defined below). Under California Family Code § 63, when a couple divorces in California, the court divides the entire community estate equally between the spouses.

Date of Separation

The date of separation is a legally significant milestone in a California divorce. Under California Family Code § 70, it is defined as the date on which a “complete and final break in the marital relationship” occurred — meaning one spouse expressed their intent to end the marriage, and their conduct was consistent with that intent.

The date of separation matters for several reasons:

• Earnings and assets accumulated after the date of separation are generally treated as separate property, not community property
• It can affect the duration of spousal support
• It plays a role in determining each spouse’s financial obligations during the divorce process

Disputes over the date of separation are common in California divorces and can have significant financial consequences.

Dissolution of Marriage (Divorce)

In California, the legal term for divorce is dissolution of marriage. A dissolution terminates the marital relationship between two people and can address the full range of related legal issues, including:

• Division of community property and debts
• Spousal support (alimony)
• Child custody and visitation
• Child support

California is a no-fault divorce state, meaning either spouse can file for dissolution without having to prove wrongdoing by the other party. The only grounds for divorce in California are irreconcilable differences or permanent legal incapacity.

Important: California has a mandatory six-month waiting period before a divorce can be finalized. The clock starts when the respondent is formally served with the divorce petition.

Domestic Violence Restraining Order (DVRO)

A Domestic Violence Restraining Order (DVRO) is a court order that provides legal protection to a person who has been subjected to abuse, threats, harassment, or violence by a family member, current or former spouse, or someone they have had a dating relationship with. In California, DVROs are governed by the Domestic Violence Prevention Act (DVPA).

A DVRO can:

• Prohibit the abusive party from contacting or coming near the protected person
• Remove the abusive party from a shared residence
• Grant temporary custody of children to the protected parent
• Restrict firearm ownership

Emergency Protective Orders (EPOs) can be issued by law enforcement at any hour and are effective immediately, lasting up to seven days until a court hearing can be held.

Family Law Facilitator

The Family Law Facilitator is a free, court-based resource available at Los Angeles Superior Court and other California superior courts. Facilitators assist parties — particularly those without an attorney — who are dealing with child custody, child support, or spousal support matters in their divorce case.

The Family Law Facilitator can:

• Help ensure court documents are in the correct procedural format
• Explain the court process and general legal procedures
• Assist with filling out forms

Important limitation: The Family Law Facilitator cannot provide legal advice specific to your case or represent you in court. For guidance on strategy, negotiating settlements, or advocating on your behalf, you need a licensed California family law attorney.

Family Support

Family support refers to a combined support order that encompasses both child support and spousal support without separately designating a dollar amount for each. Under California Family Code § 92, family support is typically used when the tax implications of a combined order are more favorable to both parties than separate child and spousal support orders.

Income and Expense Declaration (FL-150)

The Income and Expense Declaration, filed on Judicial Council Form FL-150, is one of the most important financial documents in a California divorce or family law case. It is a sworn statement in which each party provides a detailed accounting of their:

• Monthly income (wages, self-employment, rental income, etc.)
• Monthly expenses (housing, childcare, health insurance, etc.)
• Assets and debts

Courts rely heavily on the FL-150 to determine appropriate levels of child support, spousal support, and attorney’s fee awards. Accuracy and completeness are essential — filing a false or incomplete FL-150 can have serious legal consequences.

Joint Custody

Joint custody means that both parents share in the rights and responsibilities of raising their children following a separation or divorce. In California, joint custody arrangements are common and are generally favored by the courts when both parents are able to cooperate in the best interests of the children.

Joint custody can be broken down into:

• Joint Legal Custody — Both parents share the right and responsibility to make major decisions about the child’s health, education, and general welfare
• Joint Physical Custody — The child spends significant time living with both parents, though the split does not need to be exactly 50/50

Joint custody works best when parents are able to communicate effectively and live in reasonable proximity to each other and to the child’s school.

Joint Legal Custody

Under joint legal custody, both parents share equal authority in making decisions about their child’s life, including choices related to schooling, medical treatment, religious upbringing, and extracurricular activities. Neither parent can unilaterally make major decisions without consulting the other.

If parents with joint legal custody cannot agree on an important decision, the matter may need to be brought back to court for resolution.

Joint Physical Custody

Joint physical custody means the child resides with both parents on a regular, ongoing basis. The schedule may vary — common arrangements include alternating weeks, a 2-2-3 rotation, or specific weekday/weekend splits — but the key requirement is that each parent has a significant and meaningful amount of parenting time.

Joint physical custody does not have to mean a perfect 50/50 split. Courts evaluate what arrangement best serves the child’s stability, schooling, and daily routine.

Legal Custody

Legal custody grants a parent the right and responsibility to make decisions concerning their child’s health, education, and general welfare. It is distinct from physical custody, which addresses where the child lives.

Legal custody can be awarded:

• Jointly — shared between both parents (most common)
• Solely — to one parent exclusively, typically in situations involving domestic violence, substance abuse, or other factors that make co-parenting decisions unsafe or impractical

Legal Separation

A legal separation is a court process that allows a married couple to divide their assets and debts, determine child custody and support arrangements, and establish spousal support — while remaining legally married. Unlike a dissolution of marriage, a legal separation does not end the marriage.

Reasons a couple might choose legal separation over divorce include:

• Religious or personal objections to divorce
• A desire to maintain health insurance coverage through a spouse’s employer plan
• Immigration status considerations
• Tax or Social Security benefits tied to marital status

Note: In California, there is no residency requirement to file for legal separation, whereas a dissolution of marriage requires at least one spouse to have lived in California for six months and in the county of filing for three months.

Mediation (Family Law)

Mediation is a voluntary, confidential dispute resolution process in which a neutral third-party mediator helps divorcing spouses reach agreements on contested issues such as property division, custody, and support. In Los Angeles and across California, mediation is a widely used alternative to contested court proceedings.

Benefits of mediation in California divorce cases include:

• Lower cost compared to a full trial
• Faster resolution
• Greater control over outcomes compared to having a judge decide
• Reduced conflict, especially when children are involved

In California, child custody mediation through the court’s Family Court Services is mandatory when parents cannot agree on a parenting plan.

Move-Away / Relocation

A move-away case arises when one parent with custody wishes to relocate with the child to a location that would significantly impact the other parent’s ability to maintain their current custody or visitation arrangement. California courts treat move-away requests seriously and evaluate them based on the best interests of the child.

The parent seeking to relocate generally must provide advance notice and may need to obtain court permission if the other parent objects. Courts will consider the reason for the move, the child’s relationship with both parents, and the impact on the child’s stability and relationships.

Nullity (Annulment)

A nullity, commonly referred to as an annulment, is a court declaration that a marriage was legally invalid from the start — as if it never existed. This is distinct from a dissolution of marriage, which terminates a valid marriage.

Under California law, grounds for a nullity include:

• A prior existing marriage (bigamy)
• The parties being too closely related by blood (incest)
• One party being underage at the time of marriage (without required consent)
• Fraud or misrepresentation that induced the other party to marry
• Force or duress
• Physical incapacity (inability to consummate the marriage)
• Unsound mind at the time of marriage

A nullity is not based on the length of the marriage. Short marriages do not automatically qualify — the specific legal grounds must be proven.

Parental Relationship (Paternity)

A parental relationship action, commonly called a paternity case, is a legal proceeding to establish the legal parent-child relationship between a child and their parent. In California, paternity can be established voluntarily (through a signed Declaration of Paternity) or through court proceedings, which may involve DNA testing.

Establishing paternity is important because it:

• Gives the child the legal right to financial support from both parents
• Grants the child access to medical history and benefits
• Establishes each parent’s rights to custody and visitation
• Creates the legal foundation for inheritance rights

Paternity cases in California are confidential and not open to the general public.

Petitioner

The petitioner is the party who initiates a family law case by filing the initial petition with the court. In a divorce, the petitioner files the Petition for Dissolution of Marriage (Form FL-100). The petitioner’s designation remains the same throughout the entire case, regardless of who later files additional motions or requests for orders.

Physical Custody

Physical custody determines where the child lives on a day-to-day basis and who is responsible for the child’s daily care and supervision. Physical custody may be:

• Joint physical custody — the child spends significant time with both parents
• Sole physical custody — the child primarily resides with one parent, with visitation rights granted to the other

Physical custody schedules are usually detailed in a parenting plan or custody order, which specifies the regular schedule, holiday arrangements, and vacation time.

Postnuptial Agreement

A postnuptial agreement (also called a “postmarital agreement”) is a written contract entered into by a married couple after their marriage that outlines how assets, debts, and support matters would be handled in the event of a divorce or separation. Similar to a prenuptial agreement, it can address the characterization of property as separate or community.

California courts will enforce a postnuptial agreement if it was entered into voluntarily, with full financial disclosure, and without coercion.

Prenuptial Agreement

A prenuptial agreement (or “premarital agreement”) is a legally binding contract entered into by two people before they marry. Under the California Uniform Premarital Agreement Act (California Family Code § 1600 et seq.), a valid prenuptial agreement can:

• Designate certain assets or income as separate property
• Limit or waive spousal support rights
• Define property rights upon divorce or death

To be enforceable in California, a prenuptial agreement must be in writing, signed voluntarily by both parties, and made with full financial disclosure. Courts will invalidate agreements that were signed under duress or that are unconscionable.

Quasi-Community Property

Quasi-community property refers to property acquired by either spouse while living outside of California that would have been community property had the couple been domiciled in California at the time of acquisition. Under California Family Code § 125, quasi-community property is treated the same as community property upon divorce and is subject to equal division.

This concept is especially relevant for couples who relocated to California after spending years living and working in another state.

Request for Order (RFO)

A Request for Order (RFO) is the formal motion process used in California family law cases to ask the court to issue a binding order on a specific issue. An RFO can be filed at any point in a case to request:

• Temporary or modified child support
• Temporary or modified spousal support
• Changes to a custody or visitation arrangement
• Attorney’s fee awards
• Enforcement of existing orders

An RFO sets a court hearing date at which both parties can present evidence and argument before a judge issues a ruling.

Respondent

The respondent is the party who receives and responds to the initial petition filed by the petitioner. In a dissolution of marriage, the respondent must file a Response (Form FL-120) or risk a default judgment being entered against them — meaning the court may grant everything the petitioner requested without the respondent having any input.

Restraining Order / Domestic Violence Restraining Order

See Domestic Violence Restraining Order (DVRO) above. In the context of California family law, restraining orders most commonly arise in cases involving domestic violence, harassment, or child safety concerns. A Criminal Protective Order (CPO) may also be issued through the criminal court system if criminal charges are filed.

Separate Property

Separate property is property that belongs solely to one spouse and is generally not subject to division in a California divorce. Under California Family Code §§ 770–772, separate property includes:

• Property owned by a spouse before the marriage
• Property received by one spouse during the marriage as a gift or inheritance
• Income and assets acquired after the date of separation
• The rents and profits generated from separate property

Because California law presumes all property acquired during a marriage is community property, the burden falls on the spouse claiming separate property to prove it by clear and convincing evidence. Commingling separate and community property (such as depositing an inheritance into a joint account) can complicate or eliminate separate property claims.

Sole Legal Custody

Sole legal custody grants one parent the exclusive right and responsibility to make decisions about the child’s health, education, and welfare. The other parent is not required to be consulted on major decisions, though they may still have visitation rights.

Courts are more likely to award sole legal custody when there is a history of domestic violence, substance abuse, parental alienation, or an inability to co-parent effectively.

Sole Physical Custody

Under sole physical custody, the child resides primarily with one parent. The non-custodial parent typically receives a visitation schedule. The primary custodial parent is responsible for the child’s daily routines, school, and care during their parenting time.

Sole physical custody does not mean the other parent is cut off from the child. Unless there are safety concerns, the non-custodial parent generally maintains a meaningful visitation schedule.

Spousal Support (Alimony)

Spousal support, commonly referred to as alimony, is a payment made from one spouse to the other following a divorce or legal separation to help maintain the lower-earning spouse’s standard of living. California courts consider a wide range of factors under California Family Code § 4320 when determining spousal support, including:

• The length of the marriage
• Each party’s earning capacity and job marketability
• The standard of living established during the marriage
• Contributions made as a homemaker or to the other spouse’s career
• Each party’s age and health
• Any history of domestic violence

There are two types of spousal support in California:

• Temporary spousal support — ordered during the pendency of the divorce proceedings
• Long-term (permanent) spousal support — ordered as part of the final divorce judgment

For marriages lasting fewer than 10 years, support is typically ordered for approximately half the length of the marriage. For marriages of 10 years or more, California law does not set a defined end date for spousal support.

Summary Dissolution

Summary dissolution is a simplified divorce process available in California to qualifying couples who meet all of the following criteria:

• Married for less than five years
• No children born or adopted during the marriage, and no current pregnancy
• Neither party owns real estate
• Community property is worth less than $47,000 (net)
• Neither party has separate property worth more than $47,000
• Community debts total less than $6,000
• Both parties agree to waive spousal support

Summary dissolution eliminates the need for a court hearing and is significantly faster and less costly than a standard dissolution. Both parties must file jointly and agree on all terms.

Supervised Visitation

Supervised visitation is a court-ordered arrangement in which a parent’s time with their child must occur in the presence of a designated third party — such as a professional monitor, a trusted family member approved by the court, or a supervised visitation center. Courts order supervised visitation when there are concerns about a child’s safety or welfare, including situations involving:

• Documented domestic violence or child abuse
• Active substance abuse issues
• Severe mental health concerns
• A previously absent parent re-establishing a relationship with the child

Supervised visitation is typically intended to be temporary, with the goal of transitioning to unsupervised parenting time once the underlying concerns are resolved.

Transmutation

Transmutation is the process by which spouses change the character of property — for example, converting separate property into community property, or vice versa. Under California Family Code § 852, a transmutation must be made in writing by an express declaration signed by the spouse whose interest is being adversely affected.

Verbal agreements to change the character of property are generally not enforceable in California. Transmutation issues arise frequently in divorces involving real estate, businesses, and inheritances that were mixed or retitled during the marriage.

QDRO (Qualified Domestic Relations Order)

A Qualified Domestic Relations Order (QDRO) is a specialized court order used to divide certain retirement accounts — such as 401(k) plans and pensions — between divorcing spouses without triggering early withdrawal penalties or tax consequences. A QDRO directs the retirement plan administrator to pay a portion of the account directly to the non-employee spouse (the “alternate payee”).

In California, retirement benefits earned during the marriage are community property and subject to division. Preparing a QDRO requires specific legal and financial expertise — mistakes in drafting a QDRO can result in the loss of retirement benefits.

Visitation (Parenting Time)

Visitation refers to the scheduled time the non-custodial parent spends with their child. California courts and family law professionals increasingly use the term “parenting time” to reflect the importance of both parents’ involvement in their children’s lives.

Visitation schedules can range from a few hours per week with supervision to a nearly equal split of time. Key factors courts consider when setting visitation include the child’s age, school schedule, distance between parents’ homes, and the quality of each parent’s relationship with the child.

Visitation orders are legally enforceable — denying a parent their court-ordered parenting time without legal justification can have serious consequences, including modification of the custody arrangement.

If you have questions about any family law matter, the skilled legal team at The Sands Law Group, APLC, can help. Whether you are just beginning to consider divorce, need to modify a child support arrangement, or are embroiled in a contentious dispute over the division of marital property, our compassionate, knowledgeable Los Angeles family law attorneys will ensure that your rights and best interests are protected throughout the entire process.

Contact us online today or call us at 213-788-4412 for a free case evaluation about your case.