Family Law
-
Adoptions
Adoption is a legal arrangement by which the adoptive parents become legally responsible for the child they adopt and obtain all legal parental rights with regard to the child. There are several different types of adoptions such as Agency Adoption, Independent Adoption, International Adoption, Stepparent Adoption, Adoption of Adults and Married Minors.
-
Child Support
Child support is the amount of money ordered by the court to be paid for the support of children by a parent or both parents. The court applies the California Guideline Child Support Calculator to determine the amount ordered to be paid for child support. Payments are usually made until children turn the age of 18, or 19 if the child is still in high school, living at home and can’t support themselves.
-
Domestic Violence
Domestic Violence may occur in many forms between two people in an intimate relationship; these include Physical violence, Sexual violence and Emotional violence. Find out where to get help now, or how to file a restraining order.
Information About Family Law
Divorce/Dissolution of Marriage
A person can file for divorce (Dissolution of Marriage) to legally end a marriage. In addition to ending the marriage, the court can make decisions about:
- Custody and visitation for minor children
- Child support and spousal support
- Dividing Division of property, debts, and other assets
Rules for Filing a Divorce:
- One spouse must have lived in San Bernardino County for at least 3 months and in California for at least 6 months before filing.
- The correct courthouse depends on where either spouse lives.
Important: Filing for divorce does not mean you are automatically divorced in 6 months. You must complete the process and have a judge sign the final judgment.
Domestic Partnership
A person can file a Ending a domestic partnership (Dissolution of Domestic Partnership) to officially ends a the domestic partnership.
- You must live in California.
- Both partners do not have to agree to end the partnership.
- It takes at least 6 months for the process to be final.
The court will make decisions about:
- Custody and visitation for minor children
- Child support and spousal support
- Division of property and debts
Legal Separation
If a married person wants to stay legally married but separate the community obligations, they can file for Legal Separation. The court will make decisions about:
- Custody and visitation for minor children
- Child support and spousal support
- Dividing Division of property and debts
Note: If the other spouse files paperwork asking for a divorce, the court may grant a divorce instead.
Annulment
An annulment ends a marriage by declaring it invalid, as if it never happened. The person requesting the annulment must prove specific conditions to the court. The court can also make decisions about property, debts, custody, and support.
Paternity/Parentage
Unmarried parents can file a paternity case to:
- Legally determine who the child’s parents are
- Set custody, visitation, and child support orders
Note: The correct courthouse depends on where the child lives.
Custody and Visitation
To ask the court for custody and/or visitation orders, there must be an active legal case.
- Married parents must file for divorce, legal separation, annulment, or custody and support of minor children.
- Unmarried parents must file to establish paternity or custody and support of minor children.
Important: If the child has not lived in California for at least 6 months, the court might not have the authority to make custody or visitation decisions. Seek legal help if needed.
Frequently Asked Questions
How do I file for divorce, legal separation, or annulment?
Filing for divorce can be complicated. It’s a good idea to talk to a family law attorney to understand your rights.
How much does it cost to file for divorce?
There is a fee to file paperwork. You may qualify for a fee waiver if you meet certain requirements. See the Court Fee Schedule for details.
Where do I file for divorce if my spouse lives in another county?
You or your spouse must have lived in California for at least 6 months and in the filing county for at least 3 months.
How long does a divorce take?
The minimum time to finalize a divorce is 6 months and 1 day after serving the other person or filing a Response.
What if my spouse doesn’t agree to the divorce?
Both partners do not need to agree to the divorce. Either person can file the paperwork to end the marriage.