Legal Intelligence CenterCalifornia Practical Guides

Family, Divorce & Safety

How divorce, property division, custody, and restraining orders generally work in California family and civil courts.

How to use these guidesThey explain how California processes generally work. They don’t review anyone’s personal situation or recommend a course of action. For help with your own situation, see free help.

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Words to know

Community property
Generally, property and debts acquired during marriage, which California treats as belonging equally to both spouses.
Legal custody
The right to make major decisions about a child’s health, education and welfare.
Petitioner
The person who starts a family law case.
Physical custody
Where a child lives most of the time.
Request for Order
The form used to ask the family court to make or change orders in an existing case.
Respondent
The other party in a family law case.
Separate property
Generally, property owned before marriage or received by gift or inheritance.
Temporary restraining order
A short-term order that can be issued before a full hearing.

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