Navigating California's Unique Family Laws: How Our State Stands Out

Navigating California's Unique Family Laws: How Our State Stands Out

Divorcing or resolving family legal matters in California means contending with state laws that often diverge significantly from other parts of the country. Our family law attorneys want to highlight some key ways California distinguishes itself to help you understand how our state’s statutes could impact your case. 

Community Property

California is one of only a handful of states following community property laws for marital assets. This means almost all property and debts acquired during the marriage are considered co-owned by both spouses, regardless of how titled. California family courts must split community property 50/50 when divorcing spouses can’t agree on division. Equitable distribution states give judges more discretion.

Defined Spousal Support Guidance 

Statutory guidelines and formulas provide clearer standards for determining alimony duration and amounts based on the length of the marriage. California judges have less leeway than counterparts in states lacking defined spousal support guidance.

Preference for Joint Child Custody

California family law assumes joint physical and legal custody serves the child’s best interest following divorce. One parent needs to prove sole custody is essential to overcome this presumption favoring both parents remaining actively involved.

Progressive Relationship Recognition

California enacted domestic partnership rights in the 1990s and legalized same-sex marriage in 2008. The state continues expanding laws protecting nontraditional families, including rights for non-biological LGBTQ parents.

True No-Fault Divorce

Since 1970, California divorces don’t require alleging fault or marital misconduct. Property division and alimony awards exclude fault considerations, focusing on need instead.

Cohabitation Considered 

A cohabiting new partner’s income may justify reducing spousal support in California. Other states prohibit considering cohabitation.

Don’t assume you know California family law without consulting an experienced local attorney. Statutes here differ significantly from other states and continue evolving. At our firm, we stay constantly up to date to best advise California families during difficult matters like divorce. Contact us today to discuss your unique situation.