Dissolution of marriage (divorce) ends a marriage or domestic partnership. It
restores the parties to single status. During this process, the Court can issue
orders about:
Child Custody
Child Visitation
Child Support
Spousal and Domestic Partner Support
Community and Separate Property
Community and Separate Debt
Summary Dissolution of Marriage
If you are the person filing for divorce, you are the petitioner[G]
. The other party in the divorce is the respondent[G]
. The respondent must be served with specific paperwork. If the respondent does
not file the necessary responding paperwork within 30 days of service, the
petitioner may request an entry of default. The divorce proceeding can then be
completed without the participation of the respondent.
If the respondent files the necessary responding paperwork, the case proceeds as
a contested or uncontested divorce.
In a contested divorce the:
Parties[G]
are unable to agree on some or all issues
Unresolved issues must be settled by the Court
Judgement is submitted and signed by the Court when complete
In an uncontested divorce the:
Parties are able to agree on all issues
Judgement is submitted and signed by the Court when complete
Summary dissolution of marriage can be used to end a marriage without a court
appearance. It can only be used by a married couple that meets ALL the
following requirements:
The parties have been married less than five (5) years as of the date of
separation.
Have no children together that were born or adopted before or during the
marriage and wife, to her knowledge, is not pregnant as of the date the action
is filed.
Neither party has any interest/ownership in real estate.
Do not owe more than $6,000 total for debts acquired since the date of the
marriage. The $6000 amount does not include vehicle loans.
The married couple jointly signs the necessary paperwork and the originals are
filed with the Court. After waiting six (6) months, either party can file the
document requesting that the marriage be ended.
A legal separation is for couples who do not want to divorce but want to live
apart. It does not end a marriage. You cannot remarry or enter in a domestic
partnership if you are legally separated. With a legal separation, the Court
can issue orders about:
Child Custody
Child Visitation
Child Support
Spousal Support
Community and Separate Property
Community and Separate Debt
If you are the person filing for legal separation, you are the petitioner . The
other party is the respondent. The respondent must be personally served with
specific paperwork.
If the respondent does not file the necessary responding paperwork within 30
days of service, the petitioner may request an entry of default. The legal
separation proceeding can then be completed without the participation of the
respondent.
If the respondent responds to the paperwork and requests dissolution of
marriage, the Court will grant the dissolution of marriage.
If the respondent files the necessary responding paperwork, the case proceeds
as a contested or uncontested legal separation.
In a contested legal separation the:
Parties are unable to agree on some or all issues
Unresolved issues must be settled by the Court
Judgement is submitted and signed by the Court when complete
In a uncontested legal separation the:
Parties are able to agree on all issues
Judgment is submitted and signed by the Court when complete
Nullity of marriage (annulment) restores people to the status of unmarried
persons. Certain conditions must be met before the Court can void the marriage.
The person who initiated the case will have to prove that a least one of the
conditions has been met before the Court will grant the nullity of marriage.
The Court can also issue orders regarding property and debt division, custody
and support.
Establishing parentage determines who the legal parents of a child are if the
parents were not married when the child was born. The court can make custody
and visitation as well as child support orders.
If you are the person filing to establish paternity, you are the petitioner.
The other party is the respondent. The respondent must be personally served
with specific paperwork.
If the respondent does not file the necessary responding paperwork within 30
days of service, the petitioner may request an entry of default. Once the
default is entered, the paternity case can be completed without the
participation of the respondent.
If the respondent files the necessary responding paperwork, the case proceeds
as a contested or uncontested paternity case.
In a contested paternity case the:
Parties are unable to agree on some or all issues
Unresolved issues must be settled by the Court
Judgement is submitted and signed by the Court when complete
In an uncontested paternity case the:
Parties are able to agree on all issues
Judgement is submitted and signed by the Court when complete
For information about establishing parentage by an
administrative process, go to the California Department of Child Support
Services Paternity
Opportunity Program website.
What is a Petition for Custody and
Support of Minor Children?
A Petition for Custody and Support of Minor Children
(FL-260) may be filed with the court by married or unmarried parents
to obtain custody and support orders. You do not need to file for dissolution
of marriage/legal separation or nullity action if you are married. You do not
need to establish a parental relationship if you are unmarried.
This action is limited and can only be used in certain situations by a married
or unmarried parent. This petition does not deal with:
Property or marital status if the parents are married
Establish a parental relationship if the parents are unmarried
Married parents would need to file an action requesting dissolution of
marriage/legal separation or nullity action to address these other issues.
Unmarried parents need to file an action to establish the parental
relationship.
For the form listed above and for a complete list of
Judicial Council Family Law forms, go to the
California Courts website.
For more information about custody and support of minor
children, go to the California
Courts website.
What is Child Custody and Visitation?
Before parents can address the issues of custody and visitation of their minor
children, there must be an underlying action.
If the parents are married or in a domestic partnership, one of the parents
must file for:
Divorce
Legal separation
Annulment
If the parents are unmarried, either parent must file an action to establish
the parental relationship.
Many parents make their own parenting agreement for custody and visitation.
When both parents agree, the agreement can be filed with the Court. The
agreement can be drafted by working with an attorney or by seeking assistance
from the Resource Center for Self-Represented Litigants.
Parents who do not agree on a parenting plan[G]
are required to attend a parent education program called Parents and Children
Together (PACT) and mediation.
Mediation[G]
is provided at no cost through the Family Court Services Department, formerly
known as Conciliation Court. Mediation gives parents the opportunity to discuss
with a neutral mental health professional the best plan for their children. If
the parents reach an agreement, the mediator drafts the custody and visitation
plan. Mediation is most effective when the parents have completed the PACT
program prior to their mediation appointment. Through the program, parents
learn the importance of focusing on their children’s best interests in
developing the custody plan. Family Court Services also offers Child Custody
Evaluation services for families who are unable to resolve their custody and
visitation disputes.
Parents who believe they may need additional counseling or other services may
find a list of mental health professionals who provide services for families
experiencing conflict or who perform private child custody evaluations. A list
of Parent Education Referrals for High Conflict Parents is also available.
These programs focus on the benefits of cooperative parenting, conflict
resolution, problem solving and communication skills.
A Family Law action must be filed before the issue of child support can be
addressed.
IIf the parents are married, either the mother or the father must first file:
Dissolution of marriage
Legal separation
Nullity of marriage
Petition for custody and support of minor children
If the parents are unmarred, either the mother or the father must file to:
Establish the parental relationship
Petition for custody and support of minor children
There is no legal obligation to pay child support from one parent to the other
until there is a court order. A court order is obtained by requesting a
hearing.
Once an underlying action has been filed, the Court can address the issue of
child support in the underlying action. Further discussion of child support can
be located by referring to the appropriate underlying action.
Child support issues may also be raised through an action initiated by the Los
Angeles County Child Support Services Department.
The Office of the Family Law Facilitator assists parties with child support,
spousal support and health insurance issues. The staff consists of attorneys
and paralegals, which will meet with parties individually to attempt to resolve
their support issues. The staff does not give legal advice nor does it
represent a particular party in an action. There is no confidentiality nor
attorney-client relationship created or intended between the office and a
party.
You can send questions about which form to use or for information about Child
Support procedures by email to:
ChildSupportSelfHelp@LASuperiorCourt.Org
The reply to your email may take up to 48 hours.
For more information on child support, go to the
California Courts website.
What is Spousal Support?
Spousal support can be addressed when dissolution of marriage or legal
separation has been filed. There is no legal obligation to pay spousal support
until there is a court order.
In limited situations, the court can order spousal support in a nullity action.
A court order may be obtained by requesting a hearing.
A domestic violence restraining order is a Court order issued to prevent the recurrence of acts
of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is
defined as any of the following:
Intentionally or recklessly causing or attempting to cause bodily injury
Sexual assault
Placing a person in reasonable apprehension of imminent serious bodily injury
to that person or to another
Engaging in any behavior that has been or could be enjoined such as molesting,
attacking, striking, stalking, threatening, battering, harassing, telephoning,
destroying personal property, contacting the other by mail or otherwise,
disturbing the peace of the other party.
The abuse/violence must have occurred recently.
The batterer must be:
A spouse
An ex-spouse
A boyfriend or girlfriend
An ex-boyfriend or ex-girlfriend
A person the victim is dating or has dated
An immediate family member (mother, father, in-laws, siblings, adult children)
A person the victim has children together
A victim of abuse that does not have the necessary relationship to the batterer
may file a civil harassment[G]
restraining order.
The restraining order can include the following:
Restraints on personal conduct by the batterer
Orders for the batterer to stay-away from the victim's home/work and/or
children's school
Orders for the batterer to be removed from the residence