California Family Law

Family Law in California means the California Family Code and the decisions of the California Courts of Appeal and Supreme Court about the Family Code.

The California Family Code was enacted effective January 1, 1994 to consolidate in one place previously enacted statutes dealing with marriage, divorce (more accurately, dissolution of marriage), spousal support (otherwise known as alimony), child custody, child support, and community property.  Most of these statutes were previously in the Civil Code, Code of Civil Procedure, Evidence Code, Probate Code, and Welfare and Institutions Code.

Since 1999 the Family Code has also included statutes dealing with domestic partnerships.  There are now 21 Divisions in the Family Code, each divided into Parts.  Most Parts are divided  into Chapters.  Some Chapters are divided further into Articles.  The final division is into innumerable Sections.  Standing alone the Family Code fills 681 double-columned pages.

When the parties are represented, a court case for the dissolution of a marriage starts with a petition filed in the Superior Court by a Family Law attorney (otherwise known as a divorce lawyer) and ends with a Superior Court decision called a judgment.  Between the filing of the petition and the filing of the judgment there may be several hearings before the judge on various issues, like support and custody.  The hearings conclude with temporary orders.  The judgment replaces the temporary orders with a final order usually resolving all the issues in the case.  Some judgments result from trials and are therefore imposed on the parties by judges.  Most judgments result from settlements by the parties themselves without trials, although a judge must still sign the marital settlement agreement.

Superior Court judges are not supposed to make law.  Instead they must abide by the Family Code and the decisions of the Courts of Appeal and the Supreme Court.  The Supreme Court is the ultimate authority on California Family Law - how the Family Code and previous judicial decisions in this area should be interpreted and applied.

Out of the small number of divorce judgments resulting from Superior Court trials, only a few are appealed.  Some appeals result in decisions ending the case.  Some appeals result in decisions sending the case back to the Superior Court for further consideration.  Lawyers refer to Appellate Decisions as opinions. A century ago appellate opinions were much shorter than they are today, and there were fewer of them.  Much the same can be said about the Family Code.  Every year it changes and grows.

Keeping up with California Family Law is one of our most important obligations to our clients.  The continuing education requirements of the State Bar for Divorce lawyers are stringent.  We exceed them.  We also take special care to be sure our legal conclusions are accurate.  Sometimes this demands hours of researching and reviewing sections of the Family Code and the judicial opinions interpreting them. At the same time we understand that knowing the facts is just as important as knowing the law.  We ask lots of questions of our clients and we listen very carefully to their answers.

Above all we are honest with our clients and care what happens to them.  A divorce is one of the most traumatic experiences a person will ever face.  Our intention is to produce the very best results for all of our clients all the time.  We want you to emerge satisfied, emotionally intact, and ready to move on successfully with your new life.

San Diego Divorce Attorney Stanley D. Prowse is a California Certified Family Law Specialist. We welcome your legal inquiries.