Family Law 101 FAQs

Explaining the Legal Process in Age-Appropriate Language: Helpful Questions and Answers for Families 

Here are the some common questions and concept in family law: 

“What is court?”

“A place where grown-ups get help making big decisions about families.”

“What is a judge?”

“Someone who listens to parents and helpers and then makes choices to keep kids safe.”

“What is a parenting plan?”

“A schedule that helps you know which home you’ll be in and when.”

“What is visitation?”

“Time you spend with each parent. It’s about making sure you get to see both of us.”

“Why can’t we all live together anymore (child)?”

“Sometimes adults decide they can’t live in the same home, but that doesn’t change how much we love you.”

“Did I do something wrong (child)?”

“No. Grown-ups make these decisions, and nothing you did caused it.”

Here are some additional terms that may be helpful:

1. Alternative Dispute Resolution (ADR): Instead of litigation, parties may try other forms of dispute resolution, such as mediation.
2. Automatic Temporary Restraining Orders (ATRO's): Upon filing for dissolution, ATROs take effect. These restraints disable either party from removing a minor child from the state, transferring, concealing, or getting rid of any property except in the usual course of life, or changing policies or beneficiaries for any insurance held for the benefit of the parties or their children. Violation of ATROs can result in hefty fines and legal action.
3. Case Status Conference (CSC): This is a status conference for self represented litigants to check in with the court on the status of their divorce.  You will have a court date, however, you will receive a call from the family law facilitator to check in on what you may need.  This is not a divorce finalization date, it is a check in to see what else is needed to finalize your case.  These typically occur 6 months, 12 months, and 18 months after the date of filing of the petition for dissolution.
4. Child Support: In a marriage with minor children, a party may request monthly child support to be paid by the other party.
5. Community Property (CP): When the parties are married in California (or another community property state), all property (including assets and debts) acquired during the marriage are presumed to be CP.
6. Date of Separation (DOS): This is the date in which there is a complete break in the marital relationship. This occurs when a spouse expresses their intent to end the marriage to the other spouse and continues to act according to this intent.
7. Declaration of Disclosures (DOD): At the beginning and ending of a dissolution action, both parties must exchange declarations of disclosures which detail each party's finances, including their assets and liabilities.
8. Dissolution of Marriage: Dissolution of a marriage is the formal, legal ending of a marriage by a court, commonly referred to as "divorce." Dissolutions are no fault meaning neither party must prove wrongdoing of the other party.
9. Domestic Violence Restraining Order (DVRO): A DVRO is a restraining order based on abuse (as defined by the Domestic Violence Prevention Act (DVPA)) done by an immediate family member or romantic partner. Civil Harassment Restraining Orders may be used for abuse committed by a roommate, friend, or any other person that does not fall under a DVRO.
10. Ex-Parte: An ex-parte request is the same as an RFO except there must be an emergency and good cause for the court to need to hear the request immediately.
11. Family Court Services (FCS): When a dissolution involves minor children, the court may order the parties to attend FCS which helps the court make decisions about custody and visitation.
12. Family Resolution Conference (FRC): This is a simple hearing in which the parties tell the judge the status of the case, such as what documents have been exchanged and what additional documents still need to be exchanged. These typically occur 6 months, 12 months, and 18 months after the date of filing of the petition for dissolution.
13. Final Declaration of Disclosures (FDD): These are the DOD's exchanged at the end of the dissolution action. The exchange of FDD's may be waived in writing by both parties.
14. Formal Order After Hearing (FOAH): After every court hearing, a FOAH will be issued which will include any and all orders made at the hearing.
15. Income and Expense Declaration (IED): This form is part of the DOD's and is also to be filed within 90 days of any RFO hearing. It details your current income and monthly expenses.
16. Mandatory Settlement Conference (MSC): An opportunity for the parties to try to resolve any remaining issues outside of trial.
17. Marital Settlement Agreement (MSA): If the parties are able to agree to the terms of the dissolution, such as the division of property, assets, and liabilities, they may execute an MSA in lieu of litigating the matter in court.
18. Petitioner: This is the party who first files the petition.
19. Preliminary Declaration of Disclosures (PDOD): These are the DOD's exchanged at the beginning of the dissolution action.
20. Register of Actions (ROA): This is found on the court's website. The ROA allows you to see a list of all documents filed in your case.
21. Respondent: This is the party who is served with the petition and the party who files a response.
22. Request for Order (RFO): An RFO is filed whenever you want to request the Court make an order or change an existing one. You can use an RFO to request attorney's fees, support, property control, or make any other appropriate orders.
23. Separate Property: In California, any property acquired prior to the marriage, or any property acquired during the marriage by gift or inheritance is considered separate property. This property is confirmed to the respective party upon dissolution.
24. Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA): This is a form that indicates California is the minor child's "home state," and, thus, California courts should have exclusive and continuing jurisdiction over child custody and visitation.