Family Law

Divorce, child custody, domestic relations, and family disputes

50

FAQ Available
1
What are the steps to request that my spouse or ex-spouse contribute to my attorney's fees in a California family law case?

To request a contribution to your attorney's fees, you must file a formal Request for Order with the court, providing detailed financial information to demonstrate your need and your spouse's ability ...

56 views Updated August 17, 2025
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2
Where can I find the official California Judicial Council family law forms, and how do I get help filling them out?

You can find official California Judicial Council family law forms on the California Courts website, and you can get free help completing them from your local court's Family Law Facilitator or Self-He...

54 views Updated August 16, 2025
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3
How do I file a Request for Order (RFO) to ask the court to make decisions on any issue in my family law case?

To file a Request for Order (RFO), you must complete specific court forms, file them with the court clerk, and have the other party in your case legally served with the documents. Here is how to file ...

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4
What is the complete process for a stepparent to legally adopt their stepchild in California?

To legally adopt your stepchild in California, you must file a petition with the court, obtain consent from the child's other birth parent, and complete a court-ordered investigation before a judge fi...

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5
How do I register a custody or support order from another state to make it enforceable in California?

To make a custody or support order from another state enforceable in California, you must register it with the appropriate California Superior Court. This process formally asks California to recognize...

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6
What are the step-by-step requirements for a valid prenuptial agreement under California law?

A valid California prenuptial agreement is a written contract signed by both parties before marriage, accompanied by full financial disclosure and independent legal counsel. Here are the steps to crea...

51 views Updated August 16, 2025
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7
How do I prepare and file a response if a request for a Domestic Violence Restraining Order has been filed against me?

To respond to a Request for a Domestic Violence Restraining Order, you must complete and file a specific response form with the court and have it legally served on the other party before your court he...

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8
What are the legal methods for serving the other party with a Temporary Restraining Order and notice of hearing?

In California, a Temporary Restraining Order (TRO) must be served on the other party through personal service by a neutral third party or, if that fails, through substituted service. You, the person p...

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9
What evidence should I gather and present at my hearing for a permanent restraining order in California?

To get a permanent restraining order, you must present clear evidence proving to the judge that abuse or a credible threat of abuse has occurred. Your evidence should consist of your own detailed test...

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10
How do I file for a Domestic Violence Restraining Order (DVRO) for myself and my children in California?

To file for a Domestic Violence Restraining Order (DVRO) in California, you must complete and file specific court forms, have a judge issue a temporary order, and then legally notify the other person ...

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11
How do I file a court case to request a DNA test to determine a child's legal father?

To get a court-ordered DNA test to determine a child's legal father, you must file a lawsuit to establish the child's legal parents, called a "Petition to Establish Parental Relationship," with the Su...

59 views Updated August 16, 2025
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12
What is a "Voluntary Declaration of Parentage," and where do I sign and file this form in California?

A Voluntary Declaration of Parentage (VDOP) is a government form that unmarried parents can sign to legally establish who the parents of a child are. When filed, it has the same legal effect as a cour...

56 views Updated August 16, 2025
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13
How does an unmarried father officially establish legal parentage of his child in California?

An unmarried father can establish legal parentage in California by signing a Voluntary Declaration of Parentage with the mother or by filing a court action to be legally recognized as the parent. Each...

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14
How are credit card debts, car loans, and student loans typically divided between spouses in a California divorce?

In California, debts incurred during the marriage are typically divided equally between spouses, while student loans are a major exception and are usually assigned to the spouse who received the educa...

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15
What are my legal options for dividing the equity in the family home during a California divorce?

In a California divorce, you can sell the family home and divide the proceeds, have one spouse buy out the other's equity, or, in some cases, defer the sale until a later date. The goal is to divide t...

56 views Updated August 16, 2025
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16
How do I make a legal claim for reimbursement if my separate property was used to pay for community expenses during the marriage?

In a California divorce, you can claim reimbursement for your separate property contributions used to acquire or improve community property assets. This claim must be formally made and proven with doc...

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17
What is a Qualified Domestic Relations Order (QDRO), and what is the process for dividing a 401(k) or pension in a California divorce?

A Qualified Domestic Relations Order (QDRO) is a specific type of court order that directs a private retirement plan to pay a portion of a participant's benefits to their former spouse. In California,...

53 views Updated August 16, 2025
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18
How do I prepare a complete list of community and separate property assets and debts for my California divorce case?

To prepare a complete list of assets and debts for your California divorce, you must gather all financial records and use them to fill out specific court-mandated forms. This process, called the Preli...

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19
What impact does the receiving party's cohabitation with a new partner have on spousal support in California?

In California, when the party receiving spousal support begins cohabitating with a new partner, it creates a legal presumption that their need for support has decreased. This allows the paying spouse ...

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20
How do I file a request to modify or terminate a spousal support order in California?

To modify or terminate a spousal support order, you must file a formal request with the court and prove there has been a significant change in circumstances since the last order was issued. The court ...

50 views Updated August 16, 2025
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21
What specific factors, listed in Family Code 4320, does a California court review to determine long-term spousal support?

California courts review fourteen specific factors listed in Family Code 4320 to set the amount and duration of long-term spousal support, focusing on the marital standard of living and the supported ...

53 views Updated August 16, 2025
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22
How do I request temporary spousal support (alimony) while my California divorce case is ongoing?

To request temporary spousal support, you must file a formal Request for Order with the court and provide detailed financial information. The court will then hold a hearing to decide on your request. ...

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23
When does the legal obligation to pay child support for a child officially end in California?

In California, the legal obligation to pay child support typically ends when your child turns 18. However, if your child is still a full-time high school student and living with a parent, the obligati...

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24
How do I get a court order for the other parent to help pay for work-related childcare expenses in California?

To get a court order for work-related childcare costs, you must file a formal request with the court and have a judge approve it. California law considers these costs a mandatory add-on to base child ...

64 views Updated August 16, 2025
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25
What actions can the California Department of Child Support Services (DCSS) take to collect overdue child support payments?

The California Department of Child Support Services (DCSS) has broad authority to collect overdue child support payments using powerful enforcement tools. These actions are often automated and can be ...

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26
How do I ask a California court to order the other parent to contribute to my child's health insurance and uncovered medical expenses?

You can ask the court to order the other parent to contribute to health insurance and other medical costs by filing a formal motion called a Request for Order. This action modifies your existing child...

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27
What is the process for modifying my child support payments in California after I have lost my job or had a significant income change?

To modify your California child support order after a significant income change, you must file a formal request with the court. The court can only change the support amount retroactive to the date you...

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28
How do I file a court request to establish a child support order for the first time in California?

To file a court request for an initial child support order in California, you must open a family law case (or use an existing one) and formally serve the other parent with your request. Here is how to...

56 views Updated August 16, 2025
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29
What financial documents must I gather and provide to the court when child support is being determined?

To determine child support, you must provide the court and the other party with a complete financial picture using an Income and Expense Declaration and its supporting documents. This process requires...

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30
How do I use the official state calculator to estimate my guideline child support obligation in California?

To estimate your child support obligation, you use the official California Guideline Child Support Calculator website by inputting specific financial data for both parents. The calculator applies the ...

62 views Updated August 16, 2025
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31
How do I establish a legal holiday and school vacation schedule as part of my California custody order?

To establish a legal holiday and school vacation schedule, you must get a detailed, written plan included in your official court-filed custody order. You can do this by either reaching a written agree...

54 views Updated August 16, 2025
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32
What steps can I take if the other parent is denying me my court-ordered visitation time with my child?

If the other parent is denying your court-ordered visitation, you can take formal legal action to enforce the court order and request sanctions against the non-compliant parent. Here are the steps you...

61 views Updated August 17, 2025
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33
When can a judge consider a child's preference in making a custody decision under California law?

A California judge must consider the preference of a child aged 14 or older if the child wishes to share it, unless it is not in their best interest. For a child under 14, the judge has the discretion...

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34
How do I enforce a child custody and visitation order when the other parent is consistently violating it?

To enforce a child custody order, you must file a formal request with the court that issued the original order, asking a judge to compel compliance. Here are the steps to take when the other parent co...

66 views Updated August 17, 2025
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35
What is the process for the mandatory Child Custody Recommending Counseling (mediation) in California?

Child Custody Recommending Counseling (CCRC) is a mandatory process where a court-appointed counselor helps parents create a parenting plan; if they cannot agree, the counselor makes a recommendation ...

63 views Updated August 16, 2025
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36
How do I file a Request for Order to modify an existing child custody and visitation schedule in California?

To modify a child custody and visitation order in California, you must file a Request for Order (RFO) with the court, serve the other parent, and attend mediation and a court hearing. The court will o...

48 views Updated August 16, 2025
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37
What specific topics and details should be included when creating a formal parenting plan in California?

A formal parenting plan in California must detail legal and physical custody arrangements, including a specific timeshare schedule and rules for decision-making, to serve the child's best interest. He...

61 views Updated August 17, 2025
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38
How do I request an emergency temporary custody order (ex parte) in California if I believe my child is in danger?

To request an emergency custody order in California, you must file specific court forms demonstrating an immediate risk of harm to your child and give the other parent formal notice of your request. T...

58 views Updated August 16, 2025
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39
What steps must I take to legally move with my child to another city or state if I share custody in California?

To legally move with your child to another city or state, you must either obtain the other parent's written permission or get a court order allowing the move. The process is based on ensuring the move...

54 views Updated August 16, 2025
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40
How do I file my first request for child custody and visitation orders in California if I am not married to the other parent?

To get child custody and visitation orders when you are not married, you must file a "Petition to Establish Parental Relationship" with the court. This case legally establishes parentage and allows a ...

53 views Updated August 16, 2025
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41
How do I request to legally change my name back to my former name as part of my California divorce judgment?

You can request to restore your former name directly on your initial divorce paperwork, and the change becomes official once it is included in your final divorce judgment signed by a judge. Here's ho...

52 views Updated August 16, 2025
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42
What is a "default judgment" in a California divorce, and how do I request one if my spouse fails to respond?

A default judgment in a California divorce is a final court order ending your marriage, which is granted when your spouse fails to file a response to your divorce petition within the legal timeframe. ...

73 views Updated August 17, 2025
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43
How do I file a response if I have been served with a petition for dissolution of marriage in California?

To respond to a dissolution of marriage petition in California, you must file a Response (Form FL-120) with the court within 30 days of being served. Here are the steps to formally respond to the case...

46 views Updated August 16, 2025
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44
What specific residency requirements must I meet to file for divorce in a particular California county?

To file for divorce in a California county, you or your spouse must have lived in California for the last six months and in that specific county for the last three months before filing the petition. ...

55 views Updated August 16, 2025
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45
How can I get a divorce if I cannot locate my spouse to serve them with the legal papers?

You can still get a divorce if you cannot find your spouse by asking the court for permission to use an alternate method of service called "service by publication" or "service by posting." This involv...

77 views Updated August 17, 2025
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46
What are the Preliminary and Final Declarations of Disclosure, and how do I complete and serve them in a California divorce?

The Preliminary and Final Declarations of Disclosure are mandatory financial statements that you and your spouse must exchange in a California divorce. They provide a complete and honest picture of yo...

66 views Updated August 17, 2025
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47
How do I properly serve my spouse with divorce papers in California if they live in another state?

To serve your spouse with California divorce papers while they are in another state, you must use a method that is legally valid for out-of-state service, such as service by mail with a formal acknowl...

60 views Updated August 17, 2025
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48
What forms must I complete and file with the court to start a divorce or legal separation case in California?

To start a divorce or legal separation in California, you must file a Petition and a Summons with your local superior court. If you have minor children, you must also include a child custody declarati...

67 views Updated August 17, 2025
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49
What are the step-by-step procedures for filing for a divorce in California when my spouse is uncooperative?

To file for divorce in California with an uncooperative spouse, you will initiate the case and proceed by "default" after your spouse fails to respond. This process allows the divorce to move forward ...

56 views Updated August 16, 2025
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50
How do I file for divorce in California if my spouse and I agree on all issues?

When you and your spouse agree on all issues, you can file for an "uncontested dissolution" in California. This process involves filing a joint agreement with the court, which is simpler and faster th...

71 views Updated August 16, 2025
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