The right to disqualify a judge for no real reason. Very short time limit to do so

When a parent leaves a child without enough care, supervision, support, or parental contact for an excessive period of time. This term also relates to absenting yourself from a residential property or giving up use or possession of an asset. “Abandonment” can be a very important issue in some aspects of a marital dissolution case.

A written statement that one swears to under oath in front of a notary public. (See also Declaration, as an alternative to Affidavit.)

Payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. (See also Spousal Support.)

A statement or claim that is made and hasn’t been proved to be true or false.

Child or spousal support that is not timely paid; may result in a contempt action for failure to pay pursuant to a court order.

These are orders that are automatically issued when the Summons is issued. They bind the Petitioner upon filing, they bind Respondent upon service of the Petition. The ATROs are (1) Removing minor children of the parties from California without prior written consent of the other party or prior written order of the Court; (2) Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their child/children; (3) Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the Court, except in the usual course of business or for the necessities of life; and (4) Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the Court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.
In addition, the ATROs advise the parties: You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay Court costs.
Violation of the ATROs could result in a contempt of court finding or the imposition of sanctions.
No proof is required for these orders.

The order of a judge in separating issues before the final trial so that one issue will be ruled upon before hearing evidence on the other issue (i.e., a bifurcated trial on attorneys fees). Most typically this term is used to describe an order to obtain an early termination of marital status.

The act of a judge declaring the parties legally divorced (i.e., they can remarry), before all issues are resolved. An early status termination generally contains conditions to protect the rights of the non-requesting party.

Burden of proof refers to whose job it is to convince the judge what court orders need to be made on a particular issue. Normally, the person who is asking the judge to make an order has the burden of proof. Except in contempt actions, normally the burden of proof is a preponderance of the evidence.

Determination of whether property in dispute is “community property,” “separate property,” or “quasi-community property.”

Court-ordered funds to be paid by one parent to the other parent for the support of a minor child. Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent and the amount of time each parent has custody of the children. There is a presumptively correct, computer-generated Guideline calculation. There is a possible exception to the Guideline number for extraordinarily high income earner.

Commingling occurs when separate and community funds are put into the same account. Commingling generally results in the commingled assets being community property. Under certain circumstances, tracing to separate property sources may be permitted.

The aggregate of all property (real or personal) that is to be divided between the parties in a divorce and/or property settlement.

Property acquired by either spouse during the marriage, including the wages and other employment benefits (vacation time, pension rights, etc.) earned by either spouse from the date of marriage to the date of separation. All property acquired during marriage is presumptively community property. The presumption is rebuttable.

A mandatory mediation arm of the court, required to be used in all custody cases prior to the matter being heard in court.

A party’s willful failure to obey an order of the court. This can include failure to pay child support or spousal support. The court’s power to punish for contempt (called “citing” one for contempt) includes fines and/or jail time (called “imposing sanctions”).

Any issue on which the parties cannot agree, and is to be decided by the court.

The parent who has primary physical custody of the child.

1) PHYSICAL CUSTODY: The time which a parent spends with their child;
2) SOLE PHYSICIAL CUSTODY: The child will reside with, and be under the supervision of one parent;
3) JOINT PHYSICAL CUSTODY: Each parent has significant periods of physical custody; shall be done to assure the child of frequent and continuing contact with both parents;
4) SOLE LEGAL CUSTODY: One parent has the legal right and responsibility to make decisions relating to the health, welfare and education of the child;
5) JOINT LEGAL CUSTODY: Both parents have the legal right and responsibility to make decisions relating to the health, welfare and education of the child.

Date upon which it is determined, by court order or agreement, that the parties have ended their marital relationship. The date of separation is important because, as a general concept, from that day forward, each spouse’s income is his/her own separate property. Prior to the date of separation, income generally is community property.

A written statement that one swears, under penalty of perjury, that the statement is true and correct. A declaration is an alternative to an affidavit. (See also Affidavit.)

A required Judicial Council form that is mandatory in every dissolution case before a judgment can be entered. Failure to make full and accurate disclosure may cause the judgment to be set aside and/or give substantial rights to the person who did not get the proper disclosure.

UCCJEA stands for “Uniform Child Custody Jurisdiction and Enforcement Act.” This Judicial Council form is required upon filing a dissolution or legal separation where there are minor children. This declaration provides data about the present and prior residences of the children.

Failure to respond in the prescribed manner within the time provided by law. The Respondent in a dissolution proceeding is required to respond within 30 days after service of the petition. This time limit is often extended.

The taking and recording of oral testimony of a witness under oath by a court reporter in a place away from the courtroom, done before trial in preparation for trial.

Actions to obtain information before trial through (1) demands for production of documents, (2) depositions of parties and potential witnesses, (3) written interrogatories (questions and answers), (4) requests for admission, and other similar things. All discovery is generally required to be complete 30 days prior to the first trial date.

The termination of a marriage by legal action. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which “incompatibility” (irreconcilable differences) is generally sufficient to obtain a divorce.

A computer program that is used to calculate guideline child support and get a computer-generated suggestion for spousal support.

After the property has been characterized and valued, the obligation of the court is to confirm separate property to the owner of that property and to evenly divide community property.

See Restraining Orders.

A hearing scheduled by one party on short notice, by 10AM on a day prior to the scheduled hearing date. An ex parte application requires a true emergency.

A person who owes a high obligation to manage and protect property to another party. Generally, each party owes a fiduciary duty to the other spouse.

There are only two grounds for divorce in California: (1) insanity, which must be proven by professional testimony; and (2) “irreconcilable differences,” which is a finding that the court can make based merely on the statement of one party.

This generally refers to an international convention (law when adopted by a country) on child abduction/custody matters that are governed by an international agreement between countries to protect children from abduction and wrongful retention of a child. It is only effective as to countries that are “members” of the Hague Convention.

A series of written questions served upon the opposing party to discover specified facts regarding disputed issues in a dissolution proceeding. Answers to interrogatories are to be under oath and served within 30 days.

A request for the court to add a third party or entity (i.e., community business) to the dissolution proceedings. Generally, joinder is only permitted when the person/entity has rights of custody or rights in, or to control, community property.

See CUSTODY

See CUSTODY

The authority given by the legislature to a court to try cases and rule on legal matters. In order for California to have jurisdiction to grant a dissolution of marriage, a party must have been a resident of California for 6 months prior to filing; no time limit is needed to file an action for legal separation or paternity. Generally, the person against whom an award is sought must be a resident of California.

A court-decreed right to live apart, with the rights and obligations being defined but without termination of marital status. The parties will remain married and cannot remarry.

A meeting, usually at the courthouse, with the spouses, their attorneys, and a settlement officer (a judge or attorney volunteering his/her time) to attempt to settle the case, or at least some of the issues, before trial. The MSC is usually scheduled at least 2 weeks before trial. Attendance of the parties is generally mandatory.

A process in which the parties work, through discussion and compromise, in an attempt to reach an agreement/settlement, using a neutral third party (attorney, private judge, mediator).

A court-appointed attorney for a minor child or children, to represent their interests in the custody and visitation issues.

Formal request made to the court for an order. Motions require a written factual declaration and a written brief of legal authority for granting the motion (often called “points and authorities”). Motions are generally heard only on the filed papers, rarely on live testimony.

A motion requesting the court to set aside or nullify an action, such as “quashing” service of a summons when there is no jurisdiction in California to handle the case.

California is a “no-fault” state. This means that in a divorce neither party has been accused of or found guilty of any misconduct; nor is it an “issue” in any proceeding.

If records requested pursuant to a subpoena relate to consumer transactions (i.e., the opposing party’s phone bills, purchases, bank records, etc.) or to his or her job, notice must be given, at least 10 days prior to the requested production, advising the consumer that said records are being requested. The law gives the consumer the right to object to the witness producing the records for certain reasons, hence the notice requirement.

See REQUEST FOR ORDER

An action in Family Court to establish the paternity of a child. DNA tests are often ordered in paternity cases. Determination of paternity is generally required before the court will issue orders for child support, custody, visitation and/or attorney’s fees. It is possible to seek orders prior to birth.

The party who files the action.

Qualified Domestic Relations Order. A QDRO is a court order declaring that one spouse shall be entitled to a portion of the other spouse’s pension as a part of the marital assets.