Here are some California Divorce and Family Law Terms, explained in everyday language:

Dissolution [divorce]; The end of a marriage, obtained through a Judgment [decree] of dissolution

Legal Separation occurs when the spouses are living apart with at least one party intending to end the marriage. Out of necessity or preference, many couples continue for a time to live under one roof after the date of separation. Unlike some States, California does not require any paper to be filed in the court at the time of separation. So, sometimes it becomes an issue. The high wage earner has an incentive to claim that the date of separation occurred earlier, since his income and earnings after the date of separation are his/her own. Before the date of separation, the income and earnings of both parties belong to the community.

The date of separation is important because from that day forward each spouse's income is his/her own. Prior to the date of separation it belongs to the community.

Community Property is property earned 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.

Separate property is income of a spouse earned before the date of marriage or after the date of separation, and money and other property received by either spouse via gift or inheritance at any time. Interest and dividends on a bank or brokerage account containing only separate property, is separate property.

Commingling occurs when separate and community funds are put into the same account. Funds that can be traced to a separate source remain separate property

Judgment of Legal Separation - as an alternative to Dissolution, the parties may, if they both agree, obtain a judgment of Legal Separation, which has the same effect as Dissolution [divorce] regarding property rights and all other issues. However, the parties remain married. Thus, they can stay on each other's employers health insurance plan, can file their taxes as "married filing jointly," and may be able to keep certain pension benefits, and maybe avoid violating religious tenets. But they cannot remarry until either party obtains a Judgment of Dissolution, which either party can do at some future time. Both parties must agree for the judgment to be for Legal Separation. If either spouse wants a Dissolution [divorce], it will be a judgment of dissolution.

Grounds for divorce: There are only two grounds for divorce in California, insanity [which must be proven] and "Irreconcilable differences," which is a finding that the court will make based merely on the statement of one party. So, in effect, either party can get a divorce without proving anything. This is sometimes called "divorce on demand" or "no-fault" divorce. It has been the law in California since 1970, and is now the law in most other States as well.

Nullity - annulment: Unless one of the parties was underage, of unsound mind, incurably physically impaired, or already married at the time of the marriage, or there was fraud, narrowly defined, Judgments of nullity are not common.

Spousal support - alimony
- interim [temporary] spousal support is determined using a standard computer program
[Santa Clara County Guidelines]
- permanent [final] spousal support is determined by the judge's discretion in applying the 13 factors set forth in Family Code section 4320- a marriage of 10 years or more [from date of marriage to date of separation] is presumed to be a "marriage of long duration," for which support could continue indefinitely. For marriages of less than 10 years, a reasonable period to become self-sufficient is assumed to be half the length of the marriage.

Waiver of spousal support:
The parties may agree to waive spousal support, and the waiver will be irrevocable if they stipulate that the court loses jurisdiction over that issue


Litigation - Any civil court cases, e.g., personal injury claims, contract disputes, and divorce cases.
Divorce cases do have some special rules peculiar to Family Law, but generally proceed under the same rules and practices as other civil cases, with each party contesting all issues for his/her own benefit, to the detriment of the other party.

Litigated divorce - divorce court [Family Court]

Mediation at the courthouse [as a part of a litigated divorce in court cases]
- conciliation court a one to two hour mediation of the spouses with a clinical social worker or other court employee, to attempt to agree upon a written co-parenting plan. If both spouses sign the plan, the mediator submits it to the court and it becomes an order. If they do not agree, the spouses go before the Judicial Officer who decides on a co-parenting plan.

Mandatory settlement conference. A conference at the courthouse of the spouses together with their attorneys with a settlement officer [normally an attorney volunteering his/her time] to attempt to settle the case, or at least some of the issues, before trial. This conference is scheduled shortly before the trial and the settlement officer will often try to convince both spouses that their case is weak and the others is strong, so they will agree to compromise.

Judicial Officer - a judge or court commissioner who acts as a judge. In Los Angeles County Family Law courts, about 2/3 of the judicial officers are commissioners.

Co-parenting plan [Child custody and visitation] The plan for sharing the child/children's time between the two parents. Some judicial officers and licensed social workers are inclined to find that the child's time should be divided 50/50, even if it causes the child to move between houses several times per week. In court cases, the high wage earner spouse's lawyer often will argue for more time in order to lower his clients child support payments [child support is calculated by a formula which includes the percentage of the childs time with each parent]. In private mediation, these tactics are avoided by focusing on the needs, wants and concerns of both parents and of the child/children.

Disclosure of assets and debts and income and expenses on court forms is mandatory in every divorce, using Family Law declaration forms. Failure to make full and accurate disclosure can cause the judgment to be set aside at any time the true facts are discovered. In one celebrated case, a divorcing wife's fraudulent failure to disclose lottery winnings ultimately cost her all of her winnings, not just the ½ her husband was originally entitled to.


How much does a divorce cost?
Full legal representation - A fully litigated divorce case can easily cost $20,000 to $50,000 or more for each party.
Divorce litigators, like all civil litigators, try to win every point for their client. Aggressive tactics by one side can bring on similar tactics by the other, and the conflict [and the cost] escalates.

Limited Scope representation - Some Family Law attorneys will provide specified legal services only, e.g., providing legal advice and preparing all documents but not going to court. This can save greatly in attorney’s fees, which includes time spent driving to and from court and waiting in court while other cases are heard.

In pro per - A spouse representing himself or herself in court without any assistance from a lawyer, thus paying only court filing fees and perhaps document preparation fees. Some in pro per parties make serious mistakes; some do not even realize when they are still married. See LA Times article at www.mediationdivorce.net

Paralegals/document preparers - They are not lawyers and are prohibited by law from giving legal advice; some do anyway. In dealing with them, the rule is caveat emptor (buyer beware).