Family law centers around relationships, rights, and responsibilities in California. Marriages, child custody, divorce, and domestic violence are just a few of the categories in this field of law.  If you want to know more about family law in California, there are the key principles and legal frameworks in the state. Let’s look at some of these aspects.

Marriage

Before you tie the knot in California, there are a few requirements that you will need to meet. For example, both parties must be at least 18 years old. Otherwise, they will need parental consent. 

When a couple wants to wed, they need to obtain a marriage license from a county clerk’s office. That license is valid for 90 days. After the ceremony, the officiant will sign the license and file with the county. 

Prenups are legally binding and can be entered before the marriage. These agreements address property division, spousal support, child custody and support, and other financial matters. 

For a prenup to be valid, each party must willingly sign the agreement and understand all the terms. Along with that, there must be a full disclosure of all assets. 

Divorce 

If the marriage doesn’t work out, then a divorce may be necessary. California is a no-fault state. As a result, couples do not have to prove any wrongdoing. There are two grounds for divorce in California: irreconcilable differences or permanent legal incapacity.

The process for divorce includes filing a petition, serving the other spouse, and addressing spousal support, child custody, and property divisions. California is known as a community property state. That means all marital assets are split equally. However, if one or both spouses receive an inheritance or gift during the marriage, it could be considered separate property. 

With spousal support, the courts will look at a few factors. Both spouses’ earning capacity, the length of the marriage, and the standard of living are considered when determining this type of financial support. 

Child Custody and Support

Like most states, California also follows the “child’s best interest” principles when deciding custody. The courts will look at the child’s emotional and physical well-being, along with the parents’ suitability to care for and provide for them.

When it comes time for child support, the Golden State uses a formula to calculate payments. The parent’s income, custody agreement, and other factors all play a major role in determining child support. 

When a child is born to unmarried parents, paternity can be established through voluntary acknowledgment or court orders. Once paternity has been established, the parent can collect child support. 

Domestic Violence and Protective Orders

California provides legal safeguards for victims of domestic violence. If they feel threatened or have been abused, they can seek restraining orders, emergency protective orders, and long-term protective orders. Anyone who violates a protective order could face criminal charges and penalties.

Let Us Help With Your Family Law Matters

There are many nuances to family law in California. This area of legal principles affects the most intimate parts of a person’s life. Whether you’re planning a marriage, facing divorce, or seeking custody arrangements, you need an experienced family law lawyer on your side. 

At Roberts & Zatlin Family Law Firm, we provide comprehensive family law services backed by over 35 years of combined experience in the field. We will make you and your family our top priority. 

Our office is located in Temecula, California, but we proudly serve Menifee, Hemet, Sun City, Lake Elsinore, Winchester, Wildomar, Riverside, San Bernardino, Orange County, Vista, San Diego, the Inland Valley, and beyond. Contact us today or call (951)-381-8147. Your first consultation is free and confidential. Schedule a consultation today!