Family Law Flashcards

What is the residency requirement for filing for divorce in California?

Answer: One spouse must have lived in California for 6 months and in the county for 3 months

California Family Code requires one spouse to have been a resident of the state for at least 6 months and of the filing county for at least 3 months before filing for dissolution.

How does California divide community property in divorce?

Answer: Community property is divided equally (50/50) between the spouses

California is a strict community property state requiring an equal (50/50) division of all community property and debts upon divorce, unlike equitable distribution states.

What is the Gavron warning in California family law?

Answer: A court warning to a supported spouse that they are expected to become self-supporting within a reasonable time

The Gavron warning (from Marriage of Gavron) admonishes the supported spouse that they are expected to make reasonable efforts to become self-supporting, and failure to do so may result in modification or termination of spousal support.

What factors does a California court consider in determining child custody?

Answer: The health, safety, and welfare of the child, with a preference for frequent and continuing contact with both parents

California Family Code Section 3011 requires courts to consider the child's health, safety, and welfare, any history of abuse, the child's relationship with each parent, and the nature of contact with both parents.

What is a Putative Spouse in California family law?

Answer: A person who believed in good faith that their marriage was valid when it was actually void or voidable

A putative spouse is someone who believed in good faith that they were legally married. California law protects putative spouses by granting them property rights similar to those of a legal spouse.

How long does spousal support last in California?

Answer: For marriages under 10 years, generally half the length of the marriage; for longer marriages, potentially indefinitely

For short-term marriages (under 10 years), spousal support typically lasts about half the marriage length. For long-term marriages (10+ years), the court retains jurisdiction indefinitely.