Self-Help Articles

Child Support in California

Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses.  

Every county has a Family Law Facilitator who will help you for free to:

  • Prepare forms
  • Explain court procedures for getting and changing child support orders
  • Calculate child support using the guideline calculator, if you have the necessary financial information
  • Explain how the court makes child support decisions

How Child Support Starts:

  • Each parent is equally responsible for providing for the financial needs of his or her child.  The court cannot enforce this obligation until it makes an order for support.  When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and also ask the court to make an order for child support.   
  • Child support payments are...
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Posted by the San Diego County Family Law Facilitator on 05-08-2022
Topic(s): Child Support

Divorce in California

Divorce in California

In California, you get a divorce by starting a court case. No one has to prove someone did something wrong to cause the divorce as California is a no fault state where the grounds are irreconcilable differences.  You can get a divorce even if the other person does not want one.  You can divorce to end a marriage or domestic partnership. A legal separation has a similar process but at the end of a legal separation, you are still legally married.  There are different instructions for a nullity (annulment) and it is recommended that if you file for a nullity, you plead in the alternative for a divorce in case the nullity is not granted.

Understanding the Terminology

  • Petitioner and Respondent:  The person who files the case is known as the petitioner.  This remains the same throughout the case even if other paperwork is filed later by either party.  The petitioner’s...
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Posted by the San Diego County Family Law Facilitator on 05-08-2022
Topic(s): Dissolution (Divorce), Legal Separation

Custody and Visitation Overview

Custody & Parenting Time (Visitation)

A "custodian" is a person who "guards or protects" someone else. In a court of law, child custody means the appointing of one or more persons to take care of and control a child under the age of 18 years.

In the State of California, there are several types of child custody:

  • Physical custody means who the child lives with most of the time.
  • Legal custody means who has the right and responsibility to make the decisions relating to the health, education and welfare of the child.

The physical and legal custody of the child may be "sole" or "joint."

  • Sole physical custody means that the child will live with and be under the supervision of one parent. (The court may order that the other parent has some rights to visit the child.)
  • Joint physical custody means that each of the parents will have...
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Posted by the San Diego County Family Law Facilitator on 05-08-2022
Topic(s): Custody & Visitation

The Declaration of Disclosure

Declarations of Disclosure 

California law requires that you serve your spouse or domestic partner with a Preliminary Declaration of Disclosure before the divorce can be granted.  If your spouse is participating, either by filing a Response and/or signing a settlement agreement, they will also have to complete and serve a Declaration of Disclosure.  If the parties have an agreement, the Final Declaration of Disclosure can be waived.  If the parties do not have an agreement, Final Declarations of Disclosure will need to be waived or completed and served before the matter can go to trial.   

The Disclosure Requirement:

  • Timeline:  The Preliminary Declaration of Disclosure needs to be served with the Petition or Response or within 60 days of filing.
  • What is the point?:  The point of disclosure is to make sure that you and your spouse are aware of everything you each own and owe,...
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Posted by the San Diego County Family Law Facilitator on 03-16-2024
Topic(s): Financial Disclosures, Division of Assets and Debts, Dissolution (Divorce), Legal Separation