A B C D E F G I J L M N P Q R S T U V

A

Annulment
A court order declaring that a marriage was never legally valid — distinct from divorce, which ends a valid marriage. Available in California only on narrow grounds (fraud, force, prior existing marriage, unsound mind, incest, minority, or physical incapacity).

B

Bifurcation
Splitting a divorce case so the marriage is terminated before all other issues are resolved. Allows a party to remarry while property division and support are still being litigated. Requires court approval and conditions to protect the other spouse.
Breach of Fiduciary Duty
A claim that one spouse mismanaged community assets — by hiding income, dissipating assets on an affair, or making major financial moves without disclosure. Family Code §721 imposes a duty of the highest good faith between spouses.

C

Child Support Add-Ons
Costs added on top of guideline child support, typically split between parents. Mandatory add-ons: work-related childcare and the child's uninsured medical expenses. Discretionary add-ons: extracurriculars, tutoring, private school, travel between parents.
Commingling
When separate property gets mixed with community property — most often, separate funds deposited into a joint account or used to pay community debts. Commingled assets are presumed community unless the separate portion can be traced.
Community Property
Anything earned or acquired by either spouse during the marriage, up to the date of separation, presumed to belong equally to both spouses regardless of whose name is on it. California is one of nine community property states.
Contempt
A court finding that a party willfully violated a court order — for example, failing to pay support, refusing to follow a custody order, or failing to comply with discovery. Can result in fines, jail, or fee awards.
Custody Evaluation
Also called a 730 evaluation, after Evidence Code §730. A neutral mental health professional interviews parents and children and recommends a parenting plan. Used in contested custody cases.

D

Date of Separation
The day one spouse expressed an intent to end the marriage and acted on it. Income earned after this date is separate property. Defined in Family Code §70 as a complete and final break in the marital relationship.
Default Judgment
A judgment entered when the responding spouse fails to file a Response within 30 days of being served. The petitioner can request a default, but the court still requires financial disclosures and a fair division.
Discovery
The formal process of obtaining information from the other party: written interrogatories, document requests, requests for admission, depositions, and subpoenas to third parties like banks and employers.
Dissolution
The legal term for divorce in California — "dissolution of marriage." The forms and case names use this word; "divorce" is the everyday equivalent.
DissoMaster
A widely used software program that calculates California guideline child support and temporary spousal support based on income, time-share, and tax inputs. Produces the "guideline number" courts treat as presumptively correct.

E

Equalization Payment
A cash payment from one spouse to the other to balance an unequal property division — most often when one spouse keeps the house and the other gets a payment to equalize the community share.

F

Family Centered Case Resolution
California's case management approach for divorce, requiring early conferences and disclosure timelines under California Rules of Court 5.83. Designed to move cases toward resolution.
Family Code
California's statute book governing marriage, divorce, custody, support, domestic violence, and related family matters. Cited as Cal. Fam. Code § followed by a section number.
Family Law Facilitator
A free court office in every California county that helps self-represented parties with child support, spousal support, and parentage cases. Cannot give legal advice but can help with forms and procedure.
Fee Waiver
Form FW-001. Application asking the court to waive filing fees and other costs for low-income parties. Approval is based on income, public benefits eligibility, or financial hardship.
FL-100
The Petition — the form that opens a California dissolution case. Filed by the petitioner with the Superior Court.
FL-110
The Summons — issued with the petition, gives notice to the respondent and contains the standard automatic restraining orders that take effect upon filing and service.
FL-120
The Response — filed by the respondent within 30 days of being served with the petition.
FL-105
Declaration Under UCCJEA — required when children are involved. Establishes the children's residence history for jurisdictional purposes.
FL-142 / FL-160
Schedule of Assets and Debts — a detailed disclosure of all community and separate property and debts. FL-142 is the older form; FL-160 is an alternative format.
FL-150
Income & Expense Declaration — financial statement required for support calculations and disclosure. Includes income, expenses, assets, and debts.
FL-180
Judgment — the final court order ending the marriage and resolving property, support, and custody.

G

Guideline Child Support
The presumptively correct child support amount calculated under Family Code §4055, using statewide formula. Courts deviate only on narrow grounds and must state reasons in writing.

I

Imputed Income
Income the court attributes to a voluntarily unemployed or underemployed spouse for support calculation, based on what the spouse is capable of earning. Requires both ability and opportunity.
Irreconcilable Differences
California's no-fault ground for divorce under Family Code §2310. Means the marriage has irretrievably broken down. The petitioner does not have to prove anything beyond stating this.

J

Joinder
Bringing a third party into a family law case — most commonly a pension plan that needs to be divided by a QDRO.
Both parents share decision-making authority for the child's health, education, and welfare. The most common outcome in California.
Joint Physical Custody
Both parents have significant time with the child. The label is flexible; the actual schedule in the parenting plan is what governs daily life.

L

Long-Term Marriage
Under Family Code §4336, a marriage of 10 years or more. The court retains jurisdiction over spousal support indefinitely in long-term marriages.

M

Marital Settlement Agreement
A written agreement resolving all issues in a divorce — property, debts, support, custody. Attached to the FL-180 Judgment when the case is settled rather than tried.
Mediation
A process in which a neutral mediator helps spouses negotiate agreements. Can be voluntary (private mediation) or court-ordered (in some counties before contested custody hearings).
Move-Away Case
A custody case in which one parent wants to relocate far enough that the existing parenting schedule cannot continue. One of the most fact-heavy and contested areas of family law, governed largely by case law including In re Marriage of LaMusga and In re Marriage of Burgess.
Moore-Marsden Calculation
Formula from two California cases that calculates the community's interest in a separate-property home where marital income paid down the mortgage during the marriage. Apportions principal paydown and appreciation.

N

No-Fault Divorce
California's only ground for divorce — neither spouse has to prove fault or wrongdoing. Adopted in 1969, California was the first state to enact no-fault.
Notice of Entry of Judgment
Form FL-190 — served by the court after a judgment is entered, formally notifying both parties of the judgment date. The marriage is terminated as of the date specified in the judgment.

P

Parenting Plan
A written schedule and set of agreements that govern how parents will share time, decisions, and communication regarding their children after divorce.
Pendente Lite
Latin for "while pending." Refers to temporary orders made while a divorce case is in progress — temporary support, temporary custody, exclusive use of the home.
Pereira / Van Camp
Two California cases providing the methods for valuing the community's share of a separate-property business that grew during the marriage. Pereira credits the community when growth came from the spouse's labor; Van Camp credits the community when growth came from market forces.
Petitioner
The spouse who files the petition for dissolution. The other spouse is the respondent. The label has no substantive effect on the outcome.
Preliminary Declaration of Disclosure
Mandatory disclosure of all assets, debts, income, and expenses early in the case. Required under Family Code §2104 within 60 days of filing the petition or response.

Q

QDRO (Qualified Domestic Relations Order)
A specialized court order required to divide ERISA-governed retirement plans (401(k)s, pensions) between spouses. Without a QDRO, plan administrators cannot legally split the account.

R

Request for Order
Form FL-300 — the motion used to request temporary orders or modifications during the case. Includes hearings on support, custody, attorney fees, restraining orders.
Restraining Orders, ATROs
Automatic Temporary Restraining Orders — printed on the back of the FL-110 Summons. Take effect against the petitioner upon filing and against the respondent upon service. Prohibit transferring property, changing insurance beneficiaries, removing children from California, etc.
Respondent
The spouse who responds to the petition. Files Form FL-120.

S

Self-Help Center
Court office where self-represented parties can get help with forms and procedure, but not legal advice. Every California Superior Court has one.
Separate Property
Property owned by one spouse before the marriage, plus anything received during the marriage by gift or inheritance to one spouse alone. Income from separate property remains separate.
Service of Process
Formal delivery of court documents to the responding spouse. Must be done by an adult who is not a party. The petitioner cannot serve their own spouse.
Six-Month Waiting Period
California Family Code §2339 — a divorce cannot become final until at least six months and one day have passed since the respondent was served (or filed a response).
Spousal Support
California's term for alimony. Includes temporary support during the case (formula-based) and long-term support after judgment (Family Code §4320 factors).
Status Conference
A court hearing to check on a case's progress. Typically used to schedule next steps, ensure disclosures are complete, and push the case toward settlement or trial.
Stipulation
A written agreement between the parties on a specific issue, signed and filed with the court. Often becomes part of a court order.
Summary Dissolution
A streamlined divorce process for short marriages with no children, minimal assets, and mutual agreement. Has narrow eligibility requirements; both spouses must agree to use it.

T

Temporary Spousal Support
Support paid while the divorce case is pending, typically calculated by a county-specific formula like the Santa Clara guideline. Replaced at judgment by long-term spousal support.
Transmutation
A change in the character of property — for example, separate property becoming community. California requires transmutations to be in writing with explicit language under Family Code §852.

U

UCCJEA
Uniform Child Custody Jurisdiction and Enforcement Act. Federal-law-style framework adopted by all states determining which state has jurisdiction over a custody case.

V

Vocational Evaluation
An expert assessment of a spouse's earning capacity — used most often when one spouse is voluntarily unemployed or underemployed and income may be imputed.