California Divorce Laws: Residency, Waiting Period, Custody and Support
California divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for California
- Residency requirement
- To start a divorce in California, one spouse must have lived in California for the last 6 months and in the county where the case is filed for the last 3 months. Judicial Branch of California Self-Help Guide, Divorce in California; Legal separation
- Waiting period
- A divorce cannot become final until at least six months after the other spouse was served with the summons and petition or first appeared in the case, whichever comes first. The court can extend this for good cause. Cal. Fam. Code § 2339; Judicial Branch of California Self-Help Guide, Legal separation
- Dividing property
- California is a community property state. Unless the spouses agree otherwise, the court divides the community estate equally. Cal. Fam. Code § 2550; Judicial Branch of California Self-Help Guide, Property and debts in a divorce
- Filing fee
- The filing fee for divorce papers is usually $435 to $450. If you cannot afford it, you can ask for a fee waiver (form FW-001). Judicial Branch of California Self-Help Guide, Fill out and file divorce papers; Fee waiver
- When child support ends
- Parents must support a child until 18. Support continues for an unmarried 18-year-old who is a full-time high school student and is not self-supporting, until the child finishes 12th grade or turns 19, whichever comes first; Cal. Fam. Code §§ 3901, 3910
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | To start a divorce in California, one spouse must have lived in California for the last 6 months and in the county where the case is filed for the last 3 months. A legal separation only requires that one spouse live in California, with no time requirement, and a legal separation case can later be changed to a divorce once the residency rule is met. Domestic partnerships registered in California have no residency requirement. |
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| Grounds for divorce | California is a no-fault state. A divorce or legal separation may be based on irreconcilable differences that have caused the irremediable breakdown of the marriage, or on a spouse's permanent legal incapacity to make decisions. You do not need your spouse's agreement to get divorced. |
| Waiting period | A divorce cannot become final until at least six months after the other spouse was served with the summons and petition or first appeared in the case, whichever comes first. The court can extend this for good cause. There is no six-month waiting period for a legal separation or an annulment. Fam. |
| Filing fee | The filing fee for divorce papers is usually $435 to $450. If you cannot afford it, you can ask for a fee waiver (form FW-001). You qualify if you receive public benefits such as Medi-Cal, CalFresh, General Assistance, or SSI/SSP, if your household income is below the limit listed on the form, or on other grounds described in the court's fee waiver information. Fee waiver details: https://selfhelp.courts.ca.gov/fee-waiver |
| Uncontested or simplified divorce | Yes. Summary dissolution is a simpler, lower-cost process for couples who have been married less than 5 years (to the date of separation), have no minor children together, do not own or lease real estate (except a rental lease ending within a year), owe less than $7,000 together, have less than $57,000 in community property and less than $57,000 each in separate property, agree on how to divide property, and agree that neither will get support. One spouse must meet the 6-month state and 3-month county residency rule. Either spouse can stop it during the 6-month waiting period. Couples who do not qualify but agree on everything can file a joint petition for divorce, available starting January 1, 2026. |
| Divorce forms | The California Courts Self-Help Guide explains how to start a divorce and links to the official Judicial Council forms. To start, file the Petition—Marriage/Domestic Partnership (form FL-100) and the Summons (Family Law) (form FL-110); if you have children under 18, also file the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). You may also need a fee waiver request, temporary order forms and local court forms. Free help is available from your court's self-help center or family law facilitator. Divorce overview: https://selfhelp.courts.ca.gov/divorce |
Property and alimony
| Dividing property | California is a community property state. Unless the spouses agree otherwise, the court divides the community estate equally. Community property is generally what either spouse earned or acquired, and debts taken on, during the marriage before the date of separation; property acquired while living outside California that would have been community property is treated the same (quasi-community property). Separate property is what each spouse owned before marriage or after separation, plus gifts and inheritances received at any time and anything bought with separate property. In general, each spouse keeps their separate property and the community property is split. Fam. Code § 2550 text read on a public code mirror (FindLaw). |
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| Alimony (spousal support) | A judge may order temporary spousal support while the case is pending and long-term support in the judgment. There is no math formula for long-term support; the judge must consider the Family Code section 4320 factors, including the length of the marriage, age and health, incomes and earning capacity, the marital standard of living, property and debts, contributions to the other spouse's education or career, need and ability to pay, tax effects, any history of abuse, and the impact of child care on careers. As a starting assumption, support for marriages under 10 years lasts about half the length of the marriage; for marriages over 10 years there is no set assumption. Support ends on an agreed date, by court order, on the supported spouse's remarriage, or on either spouse's death. |
Children: custody and support
| Child custody | Custody and visitation (parenting time) must be in the child's best interest. Judges consider the child's age and health, emotional ties with each parent, ties to school, home and community, each parent's ability to care for the child, any history of family violence, and regular substance abuse. Legal and physical custody can each be joint or sole. If a child is of sufficient age and capacity to form an intelligent preference, the court must consider and give due weight to the child's wishes; a child 14 or older who wants to address the court must generally be allowed to do so. Fam. |
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| Emergency and temporary custody | A judge may make or change a custody order on an emergency (ex parte) basis only if there is a showing of immediate harm to the child (such as recent or ongoing domestic violence or sexual abuse) or an immediate risk that the child will be removed from California. You must have, or start, a family law case. File a Request for Order (FL-300) marked for temporary emergency orders and a Temporary Emergency (Ex Parte) Orders form (FL-305), with facts you personally know; the filing fee is $60 unless you have a fee waiver (more if it is the first paper in the case). The judge may decide the same day or by the next business day and sets a hearing to decide whether the order continues. Your court's self-help center or family law facilitator can help with local rules. Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3064 |
| Parenting class or mediation | If custody or visitation is contested, the court must send the contested issues to mediation (child custody recommending counseling or mediation through Family Court Services). Domestic violence cases are handled under a separate protocol. Parent education programs may also be offered by local courts. Whether a parenting class is required depends on the local court. Source: Cal. Fam. Code § 3170 |
| Grandparents' rights | A grandparent may ask for reasonable visitation if there is a preexisting bond making visits in the child's best interest, and the court balances that against the parents' right to make decisions. While the parents are married, a grandparent can generally petition only in listed situations, such as the parents living apart, a parent absent over a month, a parent joining the petition, the child not living with either parent, stepparent adoption, or a parent's incarceration. Visits are presumed not to be in the child's best interest if both parents object, or if the custodial parent objects. Grandparents of a deceased parent may also seek visitation. |
Child support
| Child support | California courts use a statewide guideline formula that looks at how much each parent earns, how they file taxes, how much time each spends with the children, and other factors. The Department of Child Support Services offers a free online guideline calculator. Support generally ends when the child turns 18 and has graduated high school, or turns 19 if still a full-time high school student, whichever comes first. Official calculator: https://childsupport.ca.gov/guideline-calculator/ |
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| How to apply for child support | Enroll with California Child Support Services (the state Department of Child Support Services and local child support agencies) using the online enrollment form, or enroll in person. Either parent or a legal guardian can enroll, whether or not a court order exists, and there are no income or other eligibility requirements. Services include locating parents, establishing parentage, getting child and medical support orders, enforcing and modifying orders, and processing payments. Asking the court for orders through the agency is at no cost; a parent receiving support who has never received public cash assistance may be charged an annual federal fee of no more than $35, and services are free for the parent who pays. FAQ: https://childsupport.ca.gov/faq/ |
| When child support ends | Parents must support a child until 18. Support continues for an unmarried 18-year-old who is a full-time high school student and is not self-supporting, until the child finishes 12th grade or turns 19, whichever comes first; a child whose documented medical condition prevents full-time attendance is excused from the full-time requirement. Separately, each parent has an equal duty to support an adult child of any age who is incapacitated from earning a living and without sufficient means; the court may order that payment go into a special needs trust. Parents may also agree to provide more support. Adult disabled child: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3910 Source: Cal. Fam. Code §§ 3901, 3910 |
| Changing a child support order | A court may modify or end a support order at any time as it finds necessary, but not for amounts that came due before the request (notice of motion) was filed. Through the child support agency, either parent or a guardian with an open case can ask for a free review and adjustment; generally the order can be changed if it would go up or down by 20% or $50, whichever is less. Reasons to ask include job loss or a new job, income changes, custody or visitation changes, a change in family size, disability, incarceration, or military deployment. If the agency says no, you can still ask a judge, and the county Family Law Facilitator can help. A parent who will be incarcerated for 60 days or more can submit an Incarcerated Parent's Request to Review Child Support. Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3651 |
| If child support isn't paid | If support is not paid on time and in full, California Child Support Services says: unpaid balances are charged 10% interest per year; state and federal tax refunds, unemployment, workers' compensation, state disability benefits, lottery winnings and insurance settlements can be intercepted; wages and other income can be withheld; driver's licenses (for parents whose income is above 70% of the county median) and professional licenses can be suspended; liens can be placed on property and bank accounts and bank accounts can be levied; passports can be denied; the debt can be reported to credit bureaus; and in extreme cases a court can find the parent in contempt, which can lead to arrest. |
| State child support agency | California Child Support Services (the state Department of Child Support Services, working through local child support agencies) helps parents and legal guardians establish legal parentage, locate the other parent, get child and medical support orders, change orders when they qualify, and collect, send and track payments. It does not handle custody or visitation, divorces, restraining orders or spousal support. Enroll through the online form at childsupport.ca.gov/enroll; pay through the State Disbursement Unit; view case information through Customer Connect. Automated line: 1-866-901-3212 (TTY 1-866-399-4096; outside the U.S. 1-408-273-0073). Phone numbers: https://childsupport.ca.gov/contact-us/ |
| Official child support calculator | California Child Support Services (the state Department of Child Support Services) publishes the California Child Support Guideline Calculator. The page says it "provides only an estimate and is not a guarantee of the amount of support that will be ordered," and that the county child support commissioner or family law judge has the final authority over the amount of a support order. |
Separation, annulment, records and marriage
| Legal separation | Yes. In a legal separation the spouses stay married, but the court can divide property and debts and make orders on spousal support, custody, visitation and child support. Only one spouse must live in California, with no minimum time, and there is no six-month waiting period. The forms and steps are mostly the same as a divorce, and a legal separation can usually be changed to a divorce before it is final. |
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| Annulment | An annulment (nullity) means the marriage was never legally valid. Incestuous marriages and bigamous marriages are void. A marriage is voidable if, at the time of marriage, a spouse was under 18 (without the required court approval), a prior spouse was still living but had been absent five years or believed dead, a spouse was of unsound mind, consent was obtained by fraud or force (unless the spouse later freely lived with the other), or a spouse was physically incapable of marriage and it appears incurable. A short marriage is not a reason. Property can be divided and spousal support ordered only if a spouse is a putative spouse who believed in good faith the marriage was valid. There is no 6-month residency rule or waiting period. |
| Common-law marriage | No. Under California law, consent alone does not create a marriage; it must be followed by a marriage license and solemnization (with limited statutory exceptions). A marriage validly formed in another jurisdiction is recognized in California. Source: Cal. Fam. Code §§ 300, 308 |
| Changing your name after divorce | In a California divorce you can ask to return to a former legal name (such as a birth name) on your final forms (form FL-170, item 12, and Judgment form FL-180, item 4(f)); the signed judgment is proof of the name change. After the divorce is final you can use form FL-395. For a completely new name, you must file a separate name change case. |
| Divorce records | Copies of the actual divorce decree can be obtained only from the Superior Court in the county where the divorce took place. Documents in court files are public records. The California Department of Public Health, Vital Records, holds divorce records only for 1962 through June 1984, and those are just the face sheet of the case; it can issue only a Certificate of Record (names of the parties, filing date, county and case number) for $18 per copy, using form VS 113B mailed with a check or money order. |
Marriage and name changes
| Getting a marriage license | You apply at the County Clerk's office; you do not need to be a California resident. Both parties must appear in person with valid picture identification showing a photo, date of birth and issue and expiration dates (such as a driver's license, state ID, passport or military ID); some counties also ask for a birth certificate. If you were married before, you need the date and manner your last marriage ended, and some counties require the final judgment. No blood test is required. The license is valid for 90 days from issuance. Fees vary by county. The officiant must return the license to the County Clerk or Recorder within 10 days after the ceremony, and the parties and officiant must be physically together for the ceremony. |
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| Minimum marriage age | Anyone under 18 must have a parent's permission and permission from the court to get married. The judicial branch's self-help guide does not state a minimum age below which a court may not approve a marriage. |
| Legal name change | An adult files name change forms with the superior court and pays a filing fee of about $435 to $450 (a fee waiver is available). Before the judge decides, the request must be published in a newspaper's legal notice section for one month, at the petitioner's cost. Publication is not required if the change is to match gender identity or is filed with a request for gender recognition. The judge then issues a court order with the new legal name. |
Adoption, guardianship and paternity
| Adoption requirements | California has several kinds of adoption: stepparent or domestic partner, confirmation of parentage, independent (no agency involved, and the existing parents' rights do not have to end if everyone agrees), agency (through the Department of Social Services or a licensed agency, after the birth parents' rights are ended), and intercountry. A child 12 or older must agree to the adoption. In most adoptions a home study or investigation is needed: for independent adoptions it is done by a regional Department of Social Services office or an adoption agency, and for a newborn independent adoption the parents must also use a licensed adoption service provider to advise the birth parent. Forms are filed with the court clerk in the county where you live, and adoption files are confidential. Information sheet: https://www.courts.ca.gov/documents/adopt050info.pdf |
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| Stepparent adoption | A spouse or registered domestic partner of a child's parent may adopt through the stepparent adoption process (a simplified confirmation-of-parentage process exists for married couples who had the child through assisted reproduction or surrogacy). The other parent generally must consent in writing; the court may proceed without written consent if that parent has died, signs a waiver, denies being the biological parent, cannot be found after a diligent search, or has parental rights ended through a separate court proceeding. In most stepparent adoptions, a court investigator or a privately hired licensed clinical social worker completes an investigation before the final hearing. The court filing fee is $20, and a child 12 or older must agree. Fee and investigation: https://www.courts.ca.gov/documents/adopt050info.pdf |
| Guardianship of a child | A probate guardianship lets an adult who is not the child's parent take legal responsibility for the child's care (guardianship of the person) and, if needed, manage the child's property (guardianship of the estate) when a parent cannot care for the child; if Child Protective Services removed the child, the guardianship is handled in juvenile court instead. The adult files a petition in probate court, gives notice to the parents and close relatives, and the court appoints an investigator who meets with the proposed guardian, checks their background and reports to the judge before the hearing. Parents can later ask to end the guardianship. The self-help guide lists the filing fee as $225 for guardianship of the person and $450 for guardianship of the estate. Steps: https://selfhelp.courts.ca.gov/how-become-guardian |
| Guardianship of an adult | California uses conservatorship for adults. A judge may appoint a conservator only if less restrictive options will not work and it is necessary to promote and protect the person's well-being; the arrangement must encourage maximum self-reliance and independence. A general conservator has all powers except those found unnecessary. A limited conservatorship, for adults with developmental disabilities, is restricted to up to seven specific powers (such as setting residence, medical consent, contracts and education) that the judge finds necessary. A conservator may handle the person's care, finances, or both. Mental health (LPS) conservatorships follow a separate process. |
| Establishing paternity | Unmarried parents (when the birth parent's partner is the only possible genetic parent), or parents who used donor assisted reproduction, can sign a free Voluntary Declaration of Parentage (VDOP) at the hospital, at a local child support agency, registrar of births, family law facilitator or welfare office, or before a notary. It must be filed with the Department of Child Support Services and then has the same effect as a court judgment. Either parent may rescind it by filing a rescission form with the Department within 60 days after the later signature, unless a court has already entered a custody, visitation or support order in a case involving that parent. After that, a parent generally must ask a court to set it aside, usually within two years and only for a legal reason such as fraud. A parent who signed as a minor has until 60 days after turning 18 or becoming emancipated. Parentage can also be decided in a court case, where genetic testing can be requested. Rescission: https://selfhelp.courts.ca.gov/cancel-voluntary-decaration-parentage |
| Emancipation of a minor | A minor 14 to 17 can become emancipated by marrying (with parent and court permission), joining the military (with parent and military permission), or getting a court Declaration of Emancipation. For a court declaration, the minor files a petition and a written statement in the superior court of the county where the minor lives (juvenile court if in foster care or a ward of the court) and must show he or she is at least 14, is living apart from the parents with their agreement, can handle his or her own money, has a legal source of income, and that emancipation would be good for him or her. An emancipated minor can live where he or she wants, keep earnings and sign up for school without parental consent, and parents no longer have to provide support; school attendance, voting and alcohol age laws still apply, and the court can cancel the emancipation in some cases. Filing steps: https://selfhelp.courts.ca.gov/emancipation/declaration-emancipation |
Where to get help in California
Divorce & Family Law FAQ
How long do you have to live in California to file for divorce?
To start a divorce in California, one spouse must have lived in California for the last 6 months and in the county where the case is filed for the last 3 months. A legal separation only requires that one spouse live in California, with no time requirement, and a legal separation case can later be changed to a divorce once the residency rule is met. Domestic partnerships registered in California have no residency requirement.
Is California a no-fault divorce state?
California is a no-fault state. A divorce or legal separation may be based on irreconcilable differences that have caused the irremediable breakdown of the marriage, or on a spouse's permanent legal incapacity to make decisions. You do not need your spouse's agreement to get divorced.
Is there a waiting period for divorce in California?
A divorce cannot become final until at least six months after the other spouse was served with the summons and petition or first appeared in the case, whichever comes first. The court can extend this for good cause. There is no six-month waiting period for a legal separation or an annulment.
How much does it cost to file for divorce in California?
The filing fee for divorce papers is usually $435 to $450. If you cannot afford it, you can ask for a fee waiver (form FW-001). You qualify if you receive public benefits such as Medi-Cal, CalFresh, General Assistance, or SSI/SSP, if your household income is below the limit listed on the form, or on other grounds described in the court's fee waiver information.
How do you get an uncontested divorce in California?
Yes. Summary dissolution is a simpler, lower-cost process for couples who have been married less than 5 years (to the date of separation), have no minor children together, do not own or lease real estate (except a rental lease ending within a year), owe less than $7,000 together, have less than $57,000 in community property and less than $57,000 each in separate property, agree on how to divide property, and agree that neither will get support. One spouse must meet the 6-month state and 3-month county residency rule. Either spouse can stop it during the 6-month waiting period. Couples who do not qualify but agree on everything can file a joint petition for divorce, available starting January 1, 2026.
Is California a community property state?
California is a community property state. Unless the spouses agree otherwise, the court divides the community estate equally. Community property is generally what either spouse earned or acquired, and debts taken on, during the marriage before the date of separation; property acquired while living outside California that would have been community property is treated the same (quasi-community property). Separate property is what each spouse owned before marriage or after separation, plus gifts and inheritances received at any time and anything bought with separate property. In general, each spouse keeps their separate property and the community property is split.
How is alimony decided in California?
A judge may order temporary spousal support while the case is pending and long-term support in the judgment. There is no math formula for long-term support; the judge must consider the Family Code section 4320 factors, including the length of the marriage, age and health, incomes and earning capacity, the marital standard of living, property and debts, contributions to the other spouse's education or career, need and ability to pay, tax effects, any history of abuse, and the impact of child care on careers. As a starting assumption, support for marriages under 10 years lasts about half the length of the marriage; for marriages over 10 years there is no set assumption. Support ends on an agreed date, by court order, on the supported spouse's remarriage, or on either spouse's death.
How is child custody decided in California?
Custody and visitation (parenting time) must be in the child's best interest. Judges consider the child's age and health, emotional ties with each parent, ties to school, home and community, each parent's ability to care for the child, any history of family violence, and regular substance abuse. Legal and physical custody can each be joint or sole. If a child is of sufficient age and capacity to form an intelligent preference, the court must consider and give due weight to the child's wishes; a child 14 or older who wants to address the court must generally be allowed to do so.
How is child support calculated in California?
California courts use a statewide guideline formula that looks at how much each parent earns, how they file taxes, how much time each spends with the children, and other factors. The Department of Child Support Services offers a free online guideline calculator. Support generally ends when the child turns 18 and has graduated high school, or turns 19 if still a full-time high school student, whichever comes first.
Do you have to take a parenting class to divorce in California?
If custody or visitation is contested, the court must send the contested issues to mediation (child custody recommending counseling or mediation through Family Court Services). Domestic violence cases are handled under a separate protocol. Parent education programs may also be offered by local courts.
Can you get a legal separation in California?
Yes. In a legal separation the spouses stay married, but the court can divide property and debts and make orders on spousal support, custody, visitation and child support. Only one spouse must live in California, with no minimum time, and there is no six-month waiting period. The forms and steps are mostly the same as a divorce, and a legal separation can usually be changed to a divorce before it is final.
What are the grounds for annulment in California?
An annulment (nullity) means the marriage was never legally valid. Incestuous marriages and bigamous marriages are void. A marriage is voidable if, at the time of marriage, a spouse was under 18 (without the required court approval), a prior spouse was still living but had been absent five years or believed dead, a spouse was of unsound mind, consent was obtained by fraud or force (unless the spouse later freely lived with the other), or a spouse was physically incapable of marriage and it appears incurable. A short marriage is not a reason. Property can be divided and spousal support ordered only if a spouse is a putative spouse who believed in good faith the marriage was valid. There is no 6-month residency rule or waiting period.
Does California recognize common-law marriage?
No. Under California law, consent alone does not create a marriage; it must be followed by a marriage license and solemnization (with limited statutory exceptions). A marriage validly formed in another jurisdiction is recognized in California.
Do grandparents have visitation rights in California?
A grandparent may ask for reasonable visitation if there is a preexisting bond making visits in the child's best interest, and the court balances that against the parents' right to make decisions. While the parents are married, a grandparent can generally petition only in listed situations, such as the parents living apart, a parent absent over a month, a parent joining the petition, the child not living with either parent, stepparent adoption, or a parent's incarceration. Visits are presumed not to be in the child's best interest if both parents object, or if the custodial parent objects. Grandparents of a deceased parent may also seek visitation.
How do you change your name back after a divorce in California?
In a California divorce you can ask to return to a former legal name (such as a birth name) on your final forms (form FL-170, item 12, and Judgment form FL-180, item 4(f)); the signed judgment is proof of the name change. After the divorce is final you can use form FL-395. For a completely new name, you must file a separate name change case.
At what age does child support end in California?
Parents must support a child until 18. Support continues for an unmarried 18-year-old who is a full-time high school student and is not self-supporting, until the child finishes 12th grade or turns 19, whichever comes first; a child whose documented medical condition prevents full-time attendance is excused from the full-time requirement. Separately, each parent has an equal duty to support an adult child of any age who is incapacitated from earning a living and without sufficient means; the court may order that payment go into a special needs trust. Parents may also agree to provide more support.
How do I file for child support in California?
Enroll with California Child Support Services (the state Department of Child Support Services and local child support agencies) using the online enrollment form, or enroll in person. Either parent or a legal guardian can enroll, whether or not a court order exists, and there are no income or other eligibility requirements. Services include locating parents, establishing parentage, getting child and medical support orders, enforcing and modifying orders, and processing payments. Asking the court for orders through the agency is at no cost; a parent receiving support who has never received public cash assistance may be charged an annual federal fee of no more than $35, and services are free for the parent who pays.
What happens if you don't pay child support in California?
If support is not paid on time and in full, California Child Support Services says: unpaid balances are charged 10% interest per year; state and federal tax refunds, unemployment, workers' compensation, state disability benefits, lottery winnings and insurance settlements can be intercepted; wages and other income can be withheld; driver's licenses (for parents whose income is above 70% of the county median) and professional licenses can be suspended; liens can be placed on property and bank accounts and bank accounts can be levied; passports can be denied; the debt can be reported to credit bureaus; and in extreme cases a court can find the parent in contempt, which can lead to arrest.
How do you modify child support in California?
A court may modify or end a support order at any time as it finds necessary, but not for amounts that came due before the request (notice of motion) was filed. Through the child support agency, either parent or a guardian with an open case can ask for a free review and adjustment; generally the order can be changed if it would go up or down by 20% or $50, whichever is less. Reasons to ask include job loss or a new job, income changes, custody or visitation changes, a change in family size, disability, incarceration, or military deployment. If the agency says no, you can still ask a judge, and the county Family Law Facilitator can help. A parent who will be incarcerated for 60 days or more can submit an Incarcerated Parent's Request to Review Child Support.
How do you get emergency custody in California?
A judge may make or change a custody order on an emergency (ex parte) basis only if there is a showing of immediate harm to the child (such as recent or ongoing domestic violence or sexual abuse) or an immediate risk that the child will be removed from California. You must have, or start, a family law case. File a Request for Order (FL-300) marked for temporary emergency orders and a Temporary Emergency (Ex Parte) Orders form (FL-305), with facts you personally know; the filing fee is $60 unless you have a fee waiver (more if it is the first paper in the case). The judge may decide the same day or by the next business day and sets a hearing to decide whether the order continues. Your court's self-help center or family law facilitator can help with local rules.
Are divorce records public in California, and how do I get a copy?
Copies of the actual divorce decree can be obtained only from the Superior Court in the county where the divorce took place. Documents in court files are public records. The California Department of Public Health, Vital Records, holds divorce records only for 1962 through June 1984, and those are just the face sheet of the case; it can issue only a Certificate of Record (names of the parties, filing date, county and case number) for $18 per copy, using form VS 113B mailed with a check or money order.
How do you get a marriage license in California?
You apply at the County Clerk's office; you do not need to be a California resident. Both parties must appear in person with valid picture identification showing a photo, date of birth and issue and expiration dates (such as a driver's license, state ID, passport or military ID); some counties also ask for a birth certificate. If you were married before, you need the date and manner your last marriage ended, and some counties require the final judgment. No blood test is required. The license is valid for 90 days from issuance. Fees vary by county. The officiant must return the license to the County Clerk or Recorder within 10 days after the ceremony, and the parties and officiant must be physically together for the ceremony.
What is the legal age to get married in California?
Anyone under 18 must have a parent's permission and permission from the court to get married. The judicial branch's self-help guide does not state a minimum age below which a court may not approve a marriage.
What are the requirements to adopt a child in California?
California has several kinds of adoption: stepparent or domestic partner, confirmation of parentage, independent (no agency involved, and the existing parents' rights do not have to end if everyone agrees), agency (through the Department of Social Services or a licensed agency, after the birth parents' rights are ended), and intercountry. A child 12 or older must agree to the adoption. In most adoptions a home study or investigation is needed: for independent adoptions it is done by a regional Department of Social Services office or an adoption agency, and for a newborn independent adoption the parents must also use a licensed adoption service provider to advise the birth parent. Forms are filed with the court clerk in the county where you live, and adoption files are confidential.
How does stepparent adoption work in California?
A spouse or registered domestic partner of a child's parent may adopt through the stepparent adoption process (a simplified confirmation-of-parentage process exists for married couples who had the child through assisted reproduction or surrogacy). The other parent generally must consent in writing; the court may proceed without written consent if that parent has died, signs a waiver, denies being the biological parent, cannot be found after a diligent search, or has parental rights ended through a separate court proceeding. In most stepparent adoptions, a court investigator or a privately hired licensed clinical social worker completes an investigation before the final hearing. The court filing fee is $20, and a child 12 or older must agree.
How do you get guardianship of a child in California?
A probate guardianship lets an adult who is not the child's parent take legal responsibility for the child's care (guardianship of the person) and, if needed, manage the child's property (guardianship of the estate) when a parent cannot care for the child; if Child Protective Services removed the child, the guardianship is handled in juvenile court instead. The adult files a petition in probate court, gives notice to the parents and close relatives, and the court appoints an investigator who meets with the proposed guardian, checks their background and reports to the judge before the hearing. Parents can later ask to end the guardianship. The self-help guide lists the filing fee as $225 for guardianship of the person and $450 for guardianship of the estate.
How do you get guardianship of an adult in California?
California uses conservatorship for adults. A judge may appoint a conservator only if less restrictive options will not work and it is necessary to promote and protect the person's well-being; the arrangement must encourage maximum self-reliance and independence. A general conservator has all powers except those found unnecessary. A limited conservatorship, for adults with developmental disabilities, is restricted to up to seven specific powers (such as setting residence, medical consent, contracts and education) that the judge finds necessary. A conservator may handle the person's care, finances, or both. Mental health (LPS) conservatorships follow a separate process.
How do you establish paternity in California?
Unmarried parents (when the birth parent's partner is the only possible genetic parent), or parents who used donor assisted reproduction, can sign a free Voluntary Declaration of Parentage (VDOP) at the hospital, at a local child support agency, registrar of births, family law facilitator or welfare office, or before a notary. It must be filed with the Department of Child Support Services and then has the same effect as a court judgment. Either parent may rescind it by filing a rescission form with the Department within 60 days after the later signature, unless a court has already entered a custody, visitation or support order in a case involving that parent. After that, a parent generally must ask a court to set it aside, usually within two years and only for a legal reason such as fraud. A parent who signed as a minor has until 60 days after turning 18 or becoming emancipated. Parentage can also be decided in a court case, where genetic testing can be requested.
How do you legally change your name in California?
An adult files name change forms with the superior court and pays a filing fee of about $435 to $450 (a fee waiver is available). Before the judge decides, the request must be published in a newspaper's legal notice section for one month, at the petitioner's cost. Publication is not required if the change is to match gender identity or is filed with a request for gender recognition. The judge then issues a court order with the new legal name.
How does a minor get emancipated in California?
A minor 14 to 17 can become emancipated by marrying (with parent and court permission), joining the military (with parent and military permission), or getting a court Declaration of Emancipation. For a court declaration, the minor files a petition and a written statement in the superior court of the county where the minor lives (juvenile court if in foster care or a ward of the court) and must show he or she is at least 14, is living apart from the parents with their agreement, can handle his or her own money, has a legal source of income, and that emancipation would be good for him or her. An emancipated minor can live where he or she wants, keep earnings and sign up for school without parental consent, and parents no longer have to provide support; school attendance, voting and alcohol age laws still apply, and the court can cancel the emancipation in some cases.
Where can I get divorce papers and forms in California?
The California Courts Self-Help Guide explains how to start a divorce and links to the official Judicial Council forms. To start, file the Petition—Marriage/Domestic Partnership (form FL-100) and the Summons (Family Law) (form FL-110); if you have children under 18, also file the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). You may also need a fee waiver request, temporary order forms and local court forms. Free help is available from your court's self-help center or family law facilitator.
Who handles child support in California, and how do I contact them?
California Child Support Services (the state Department of Child Support Services, working through local child support agencies) helps parents and legal guardians establish legal parentage, locate the other parent, get child and medical support orders, change orders when they qualify, and collect, send and track payments. It does not handle custody or visitation, divorces, restraining orders or spousal support. Enroll through the online form at childsupport.ca.gov/enroll; pay through the State Disbursement Unit; view case information through Customer Connect. Automated line: 1-866-901-3212 (TTY 1-866-399-4096; outside the U.S. 1-408-273-0073).
Is there an official child support calculator in California?
California Child Support Services (the state Department of Child Support Services) publishes the California Child Support Guideline Calculator. The page says it "provides only an estimate and is not a guarantee of the amount of support that will be ordered," and that the county child support commissioner or family law judge has the final authority over the amount of a support order.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.