Family Law in California
California family law lives in the Family Code. It's a pure no-fault divorce state with a six-month residency rule and a six-month minimum before a divorce is final, a community-property system that splits the marital estate equally, and a best-interest standard for custody. This hub explains the statewide essentials, then links a guide for each topic.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. California family law turns heavily on your specific facts — talk to a California attorney about your situation.
California family law is governed mainly by the Family Code. A few statewide rules shape almost every case.
No-fault divorce
California is a pure no-fault state. Nearly every divorce rests on “irreconcilable differences” (Fam. Code § 2310) — you don’t prove wrongdoing. You must be a California resident 6 months and a resident of the filing county 3 months before filing, and a divorce can’t be final until at least 6 months after the respondent is served or appears.
Community property
California is a community property state. Property acquired during the marriage is generally divided equally (50/50), while separate property — owned before marriage or received by gift or inheritance — is set aside to its owner. This differs from equitable-distribution states, where a judge divides marital property by what’s “fair.”
Custody by best interest
Custody is decided by the best interest of the child (Fam. Code § 3011), with the child’s health, safety, and welfare as the primary concern (Fam. Code § 3020). The court cannot consider a parent’s sex, gender identity, gender expression, or sexual orientation.
Support and protection
Child support follows a statewide guideline formula, and spousal support is shaped by a list of statutory factors. The Domestic Violence Prevention Act lets people in covered relationships seek a restraining order, and the Uniform Parentage Act governs establishing who a child’s legal parents are.
The guides
Pick your topic below:
- Divorce
- Child Custody
- Child Support
- Property Division
- Spousal Support
- Domestic Violence Restraining Orders
- Parentage
To get matched with a local California family-law attorney, connect with a lawyer.
Guides
- California Child Custody: Legal vs. Physical & Best Interest
California splits custody into legal (decision-making) and physical (where the child lives), each of which can be joint or sole. Courts decide by the child's best interest, weighing § 3011 factors like health, safety, and abuse history. The court cannot prefer a parent based on sex, gender, or sexual orientation.
- California Child Support: The Guideline Formula
California sets child support with a statewide uniform guideline formula (Fam. Code § 4055) based on both parents' incomes and timeshare. A major reform (SB 343) became operative September 1, 2024, changing how income is allocated and the low-income adjustment. Use the official Judicial Council calculator and confirm the current statute.
- California Divorce: No-Fault Grounds, Residency & Timeline
California is a pure no-fault state. Almost every divorce rests on 'irreconcilable differences' (Fam. Code § 2310). You must be a California resident six months and a county resident three months before filing (§ 2320), and a divorce can't be final until at least six months after the respondent is served or appears (§ 2339).
- California Domestic Violence Restraining Orders (DVRO)
California's Domestic Violence Prevention Act (Fam. Code § 6200 et seq.) lets people in covered relationships seek a restraining order. 'Abuse' is broader than physical injury (§ 6203), and a DVRO can order no-contact, stay-away, move-out, and address custody, support, and firearm restrictions.
- California Parentage: Establishing Legal Parents
California's Uniform Parentage Act (Fam. Code § 7600 et seq.) governs establishing the legal parent-child relationship. A Voluntary Declaration of Parentage (§ 7570 et seq.) signed by both parents has the force of a judgment. Parentage is the legal predicate for custody, visitation, and child support.
- California Property Division: Community Property
California is a community property state. Property acquired during the marriage (Fam. Code § 760) is generally divided equally — 50/50 — absent a written agreement (§ 2550). Separate property owned before marriage or received by gift or inheritance (§ 770) isn't divided. This differs from equitable-distribution states.
- California Spousal Support: Factors & the 10-Year Rule
California has temporary support during a case and long-term support at judgment. Long-term support is set by the Fam. Code § 4320 factors, not a formula. Under § 4336, a marriage of 10+ years is presumed 'of long duration' so the court retains jurisdiction indefinitely — but that's not an automatic right to lifetime support.
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