Understanding the Family Law “Jungle” in California

Dealing with family law matters in court can be overwhelming, whether it's divorce, child custody, or support issues. Having a sherpa who can lead you through the jungle that is the family law court system is crucial for individuals who want certainty, closure and a path forward.

Every family law case begins with filing a petition. This document sets the legal process in motion by outlining requests to the court. Once the petition is filed, it must be served to the other party, who then has a limited time (usually 30 days) to respond.

After the other party is served, they have the opportunity to file a response which outlines disagreements with the initial petition.

In some cases, temporary orders may need be issued to address immediate concerns before the case is resolved. These orders can include temporary child custody, visitation schedules, child support, spousal support and attorney fees necessary to prepare the matter for trial. These orders remain in effect to preserve the “status quo” as much as possible until the final judgment.

Even though mediation aims to reduce legal conflict, it's advisable to consult with seasoned family law counsel who can guide you on your legal rights and help you understand the implications of any agreement.

Before heading to trial, many family law cases go through mediation, sometimes called Mandatory Settlement Conferences, to encourage an amicable settlement. Settlement negotiations can lead to a resolution without the need for a trial.

If a settlement can't be reached, the case proceeds to trial. Both parties present their evidence and arguments, and the judge makes the final decisions on all unresolved issues, including child custody, support, and property division. The court’s decision will be legally binding and must be adhered to by both parties.

After the trial, the court issues a final judgment, which outlines the resolution of all matters in the case. The judgment will detail child custody arrangements, support obligations, property division, and any other relevant issues.

Family law judgments are not always set in stone. Post-judgment modifications can be requested if significant changes occur, such as changes in income, relocation, or the needs of the children. The court will evaluate whether these changes warrant modifying the existing orders.