THE S TAT E BAR OF CAL I FORN IA

WHATSHOULD IKNOWABOUTDIVORCEANDCUSTODY?

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What should I know aboutd ivorce

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© 2000, 2003, 2006, 2008, 2010, 2011 The State Bar of California. Nopart of this work may be reproduced, stored in a retrieval system,or transmitted in any medium, without prior written permission.

What are grounds for divorce in California?

2 Are there rules that my spouse and I must followduring the divorce process?

3 Do I have any options in how I handle my divorce?

4 Can I get a legal separation or an annulmentinstead of a divorce?

5 Is there a simplified process for getting a divorce?

6 How do I file for divorce?

7 What should I do if my spouse injures me?

8 How can I get information from my spouse aboutour property and finances?

9 How will our property be divided?

10 What is spousal support? Is it the same as alimony?

11 What happens to our children when we separate?

12 What happens if we cannot agree on custody?

13 What choices does the judge have in grantingcustody or visitation rights?

14 Will the judge consider our children’s wishes?

15 Is the dissolution process the same for registereddomestic partners?

16 Do I need a lawyer?

17 How can I find and hire the right lawyer?

18 How can I get a divorce through mediation?

19 Can I handle my own divorce without a lawyer?

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The Executive Committee of the State Bar’s Family Law Section (FLEXCOM)played a key role in the development and editing of this pamphlet.

What are grounds for divorcein California?

In California, there are two grounds for divorce(also known as dissolution):

• Irreconcilable differences. You simplycheck this box on the dissolution petition and thecourt will grant your divorce.

• Incurable insanity (almost never used).Medical proof that one spouse was insane whenthe petition was filed—and remains incurablyinsane—is required.

In addition, you or your spouse must havelived in California for six months and in yourcounty for three months before filing a petition todissolve your marriage. There is no residencyrequirement for filing for legal separation (see #4).

Are there rules that my spouseand I must follow during thedivorce process?

Yes. There are temporary restraining orders(rules prohibiting both of you from doing certainthings) that go into effect automatically when thedivorce process begins. For example, neither ofyou will be allowed to take your minor childrenout of state without the other spouse’s writtenpermission or a court order. Nor will either ofyou, in most instances, be allowed to cancel orchange the beneficiaries on your insurancepolicies or transfer property. And you will berequired to notify your spouse before any out-of-the-ordinary spending—and be prepared toaccount for such expenditures to a judge. Theserequirements are described on the back of thedivorce Summons (see #6). For copies of aSummons and other divorce papers, visit theCalifornia Courts website at courts.ca.gov (click onOnline Self-Help Center in the menu).

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Do I have any options in how Ihandle my divorce?

Yes. You have several alternatives, includingthe following:

• Full attorney representation: You can get adivorce by having an attorney represent you incourt. You might qualify for free or low-cost legalassistance if you have very little income (see #16and #17).

• Limited attorney representation: You canhire an attorney to assist you in a limited capacitywith certain parts of the process (see #16).

• Mediation: You and your spouse can reach anegotiated resolution with the assistance of amediator in a non-adversarial setting and withoutgoing to court (see #18).

• Self-representation (pro per): You can act asyour own attorney. This pamphlet will help pro-vide you with some of the basic information thatyou will need to know about the process (see #19).

There can be advantages and disadvantages toeach one of these alternatives. The course of actionmost appropriate for you will depend on yourparticular situation. Factors such as time, cost, theimpact on your children, the communicationbetween you and your spouse, and a desire forcontrol in the process may influence your decision.It is recommended that you have an attorneyreview any agreement before you sign it.

Can I get a legal separation or anannulment instead of a divorce?

Yes. You can get a legal separation or an annul-ment (also called a nullity) without having lived inCalifornia for six months or your county for threemonths before filing.

• Legal separation. You may have religious,insurance, tax or other reasons for wanting a legalseparation instead of a dissolution. If you obtain

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a legal separation, you and your spouse willremain married, but the court can divide yourproperty and issue orders relating to child cus-tody, visitation, child support and spousal sup-port, and, if necessary, a restraining order.

• Annulment. If you are granted an annul-ment, it is as though your marriage never existed.You may be able to get an annulment if you mar-ried when you were a minor without the consentof your parents or guardian, or if certain types offraud or deceit were involved. If you want anannulment, however, you will have to appear incourt for a trial.

Is there a simplified process forgetting a divorce?

Yes. California has a process called summarydissolution. If you qualify for a summary dissolu-tion, you will have less paperwork to file and youwill not have to appear in court. You may be eligi-ble for such a process if you and your spouse haveagreed in writing to a division of your assets anddebts and if the following conditions exist:

• You have been married for five years or less.

• You have no children from the relationship.

•Neither of you own a home or other real estate.

• The value of all community property amountsto less than $25,000, excluding automobiles.

• The value of either party’s separate propertyamounts to less than $25,000, excluding automobiles.

• Your combined debt does not exceed $4,000,except for an auto loan.

• Both of you waive spousal support.

Both spouses must agree to all of the terms of asummary dissolution. Also, either of you can cancelit for any reason before the dissolution is final.Further information on this simplified procedure

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may be available at your local court or on theCalifornia Courts website (courts.ca.gov).

How do I file for divorce?

To obtain the proper forms, purchase a dissolu-tion form packet for a minimal fee from the clerk ofyour county’s superior court. Or, go to theCalifornia Courts website (courts.ca.gov). You oryour lawyer or mediator will have to prepare aPetition and a Summons. You begin the process byfiling your Petition and Summons with the clerk ofthe superior court in the county where you or yourspouse live. You will have to pay a fee to file thesepapers unless you have a very low income andqualify for a fee waiver.

Copies of the Petition and Summons, and ablank Response, must be officially delivered (or, inlegal terms, served) to your spouse by someoneother than yourself who is over the age of 18. TheSummons is a paper that notifies your spouse thatyou are filing for a divorce and that he or she has30 days in which to file the Response.

In the Response, your spouse then indicateswhat needs to be resolved by the court. For exam-ple, he or she might object to your request forspousal support or sole custody of your children.

After you file, the following steps may occur:

• Disclosure: You will have to completedisclosure declarations that provide informationabout your income, expenses, assets and debts—and have them officially delivered to your spouse.(The court will later require proof that you servedyour spouse with a Final Disclosure Declaration,unless it is waived.)

• Temporary orders: You or your spouse mayask for a hearing so that a judge can decide any tem-porary child custody, visitation, support, requests forattorney fees or restraining order disputes. Suchhearings are called Order to Show Cause hearings.

• Agreement: You and your spouse (and yourmediator or lawyers, if you have any) will work onpermanently resolving the issues raised in the disso-lution. If you reach an agreement, you may not have

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to appear in court and a judgment based on youragreement can be entered. You will have to submit asworn statement to the court saying that the mar-riage is ending because of irreconcilable differences.

• Trial: If you are unable to reach an agree-ment, you and your spouse will appear in courtfor a trial in which a judge will make the decisions.

• Default: If your spouse does not file aResponse, you may request a default and proceedto a default hearing to obtain a judgment. You willbe asking the court to enter a judgment consistentwith the requests in your petition.

• Judgment: A judgment can be entered at anytime, but you would not be divorced until at leastsix months after your spouse was served with thepetition. The court does not automatically endyour marriage when the six months have passed.You cannot legally remarry until you obtain ajudgment even if the six months have passed. Ifyou want to remarry or have some other reason forwanting to be single at the end of six months, ajudge can dissolve your marriage even thoughsome property or other issues are not yet settled.

Not all of these steps will be necessary inevery case. For example, you may simply reach anagreement and get a judgment without the needfor temporary orders of any kind.

What should I do if my spouseinjures me?

If your spouse injures you or anyone else inyour household, call the police immediately. Thepolice can, if warranted, contact an on-call judi-cial officer and issue an Emergency Protective Order(also called an EPO) on the spot. This wouldlegally prohibit your spouse from coming withina certain distance of you. It also may grant youtemporary custody of your children and bar yourspouse from the family home. An EPO remains ineffect for five court days, or seven calendar days,whichever is earlier. To obtain a longer-termrestraining order, you would need to file for a

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Temporary Restraining Order (also referred to as aTRO) from your local court. Most courts have facil-itatorswho can help you fill out the necessary forms.For more information, request a free copy of theState Bar pamphlet Can the Law Help Protect Mefrom Domestic Violence? (See #17 for informationon ordering the bar’s pamphlets.)

How can I get informationfrom my spouse about our propertyand finances?

There are several legal procedures. For exam-ple, you (and your attorney, if you have one)might take depositions (interview your spouse orother witnesses in person under oath), sendinterrogatories (written questions) or submit anInspection Demand (a request that your spouseturn over certain important documents).

To gather information from others (an employ-er, bank or school, for example), you might have tosubpoena them to appear with the documents incourt or at an attorney’s office.

Or, you may choose to rely on the disclosuredeclarations (see #6) that you and your spouse areboth required to fill out.

How will our property be divided?

California law recognizes that both spousesmake valuable contributions to a marriage. Mostproperty will be labeled either community propertyor separate property.

• Community property.All property that youand your spouse acquired through labor or skill dur-ing the marriage is, at least in part, community proper-ty. You and your spouse may have more communityproperty than you realize. For example, you mayhave an interest in pension and profit-sharing bene-fits, stock options, other retirement benefits or abusiness owned by one or both of you. Each spouseowns half of the community property. This is trueeven if only one spouse worked outside of the homeduring the marriage—and even if the property is inonly one spouse’s name.

With few exceptions, debts incurred during

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the marriage are community debts as well. Thisincludes credit card bills, even if the card is in yourname only. Student loans are an exception and areusually considered separate property debts.

Community property possessions and debtsare divided equally unless you and your spouseagree to an unequal division—or unless there aremore debts than assets. Keep in mind that if yourspouse agrees or is ordered to pay a communitydebt and fails to do so (or files for bankruptcyand discharges the debt), you may have to paythe creditor.

Division of possessions and debts can be com-plicated. You should seek legal advice before enter-ing into any such agreement. And if you havealready signed away your rights to certain proper-ty, consult an attorney to find out if you are boundby the agreement. Finally, if you and your spousecannot agree on the division of your debts and pos-sessions, a judge will make the decision for you. Heor she may not split everything in half; instead, thejudge might give each of you items of equal value.For example, if your spouse gets the furniture andappliances, you might get the family car.

• Separate property. Separate property is proper-ty acquired before your marriage, including rents orprofits received from these items; property receivedafter the date of your separation with your separateearnings; inheritances that were received eitherbefore or during the marriage; and gifts to youalone, not you and your spouse. Separate property isnot divided during dissolution. Problems with iden-tifying separate property occur when separate prop-erty has been mixed with community property. (Thecommunity may acquire an interest in separateproperty over time.) However, you may be entitledto receive your separate property back even if it hasbeen mixed. There are complex tracing requirementswhere property has been mixed. Debts incurredbefore your marriage or after your separation areconsidered your separate property debts as well.

You will be required to file proof that you deliv-ered to your spouse a list of all of your communityand separate property, and your income and expens-es, which is attached to documents called the prelimi-nary and final declarations of disclosure (see #6).

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Determining the character of property can be com-plicated and mistakes can be costly. Obtain legaladvice to make sure that your property is correctlylisted as community or separate.

What is spousal support? Is itthe same as alimony?

Spousal support (also known as partner supportfor registered domestic partners) is the term for alimo-ny in California. Spousal support is money that onespouse pays to help support the other after the fil-ing of a dissolution. Usually, the spouse receivingsuch support will pay federal and state incometaxes on it, and the one making such payments willbe entitled to a tax deduction. Consult with alawyer to make sure the orders are drafted correct-ly or you may not be entitled to the deduction.

To determine the amount of spousal support,the judge will consider such factors as the stan-dard of living during the marriage, the length ofthe marriage, and the age, health, earning capacityand job histories of both individuals. If the mar-riage lasted less than 10 years, it is unlikely that ajudge will order spousal support for longer thanhalf the length of the marriage.

Perhaps neither of you need spousal support.Since circumstances can change (you could becomeill, for example, or lose your job), you may ask thejudge to reserve jurisdiction to order spousal supportin the future. (The judge will be more likely to dothis if your marriage lasted 10 years or close to it.)This will leave the door open so you can ask forsuch support at a later time. Under certain circum-stances, you or your spouse may go back to courtand ask the judge to change the amount of support.The judge also can order a wage assignment direct-ing a spouse’s employer to pay spousal support.

What happens to our childrenwhen we separate?

You can determine what happens. The best solu-tion for the children is for the parents to reach anagreement on who will take care of them. If you andthe other parent agree on a parenting plan, you

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should attach a copy of the plan to the dissolutionpapers. Your parenting plan can become a courtorder; in most cases, a judge will approve acustody plan agreed upon by both parents.

You and the other parent are both responsiblefor supporting your children if they are under age18. And this duty may extend beyond age 18 ifcertain conditions are met. In addition to child sup-port, parents may be required to pay other expensesfor the children, such as child care, medical careand/or travel between households.

The amount of support to be paid by oneparent to the other is based on established guide-lines. Computer programs are available for helpingparents determine who will pay such support, andhow much is to be paid. Significant factors includeeach parent’s income and the amount of custodialtime each of you spends with the children.

Such support need not be reported as incomefor federal and state tax purposes, and theparent paying such support is not entitled to atax deduction.

You may request a wage assignment order. Thisis an order that requires a parent’s employer tomake child support payments directly from theparent’s wages.

What happens if we cannotagree on custody?

If you and the other parent are unable to agreeon custody or visitation, a judge will make thedecision for you. There are several steps to finaliz-ing a custody plan. However, custody and visita-tion can be decided on a temporary basis if thereare immediate problems. For example, a newschool year may be approaching and you cannotagree on a school for your children. Or, one parentintends to move and wants to take the childrenalong. (Keep in mind that you may not be able toprevent such a move unless you typically spend alot of time with your children.)

Before any hearing or trial involving child cus-tody or visitation, both parents are required to meetwith a trained counselor hired by the court. Thecounselor will try to help you agree on a custodyand parenting plan. These sessions are arranged

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through Conciliation Court or Family CourtServices, and are held in private offices located inor near the courthouse. In some counties, theassigned counselor will submit a recommendationto the judge even if you and your spouse did notreach an agreement. In other counties, these sessionsare entirely confidential and the counselor can onlyreport agreements reached by the parents. Youshould inquire about the rules in your county.

Depending on the nature of the custody dis-pute, the judge may order a psychological evalua-tion of the family as well, and may appoint anattorney to represent the children. If a psychologi-cal evaluation is ordered or an attorney is appoint-ed for your child, you and the other parent may berequired to bear all or part of the cost.

What choices does the judgehave in granting custody orvisitation rights?

The judge may give custody to one or bothparents, or, in some cases, to another adult basedon the best interests of the child. Considerationsinclude the child’s health, safety and welfare, aswell as any history of abuse by one parent. Forcustody to be awarded to someone other than aparent, however, the judge would have to believethat giving custody to either parent would bedetrimental or harmful to the children.

• Joint legal custody. The parents share theright and responsibility to make important deci-sions about their children’s health, education andwelfare. Such decisions might include, for exam-ple, where the children will attend school orwhether they should get braces on their teeth.

• Sole legal custody. One parent has the rightto make decisions related to the health, educationand welfare of the children.

• Joint physical custody. The children spendtime living with each parent on a regular basis. Thisdoes not mean, however, that the children mustspend equal amounts of time with each parent.

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• Sole physical custody. The child lives withone parent and the other parent has visitation.

Try to keep in mind that the actual time spentwith your children may be more important than thelegal terminology used to describe the arrangement.Also, the specifics of such custody orders can vary.For example, a judge who orders joint legal andphysical custody may name one parent as the pri-mary caretaker and one home as the primary resi-dence. Or, a judge might order sole physical custodyto one parent and supervised or no visitation to theother if it appears that a parent may present a threatto the child’s welfare or safety. In addition, steppar-ents and grandparents may be given visitation incertain circumstances. Be clear and specific in writ-ing your parenting plan.

Law enforcement may help you enforce acustody or visitation order, if necessary. You willneed a certified copy of the order. Or, if you areunable to locate your child, you may seek assis-tance from your local district attorney. The personviolating an order could possibly, at your request,be found in contempt of court. If the other parentwon’t obey the order and these suggestions don’twork, you may want to consult an attorney.

It is important, too, to remember that yourcustody plan can be changed if it doesn’t work.If your circumstances change, you can return tocourt and request a change in the parenting planeven if a temporary or permanent order has alreadybeen established. The same procedures discussed inquestion #12 would apply to such a request.

Or, if you and the other parent can reach anagreement, you may submit it to the judge and askfor a court order. Judges often approve changes evenwithout a hearing if you both request them.

Will the judge consider ourchildren’s wishes?

It depends. The judge must consider whatthe child wants if the child is “of sufficient ageand capacity to reason.” Children age 14 andolder are also entitled, if they desire, to expressan opinion about custody issues to the court. Ineither case, however, the judge is not required tofollow the child’s wishes.

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It may be difficult to determine the child’s truewishes if one or both parents have coached thechild. Most often, children don’t want to hurteither parent. Avoid trying to persuade your childto choose you over the other parent; this puts atremendous emotional strain on the child. Thecourt mediator or other evaluator may meet withthe child to help convey the child’s real desires.

Is the dissolution process thesame for registered domesticpartners?

Yes, for the most part, as long as your domesticpartnership has been registered with the State ofCalifornia. You may want to seek a family law attor-ney’s advice before reaching any agreements. Inaddition, you should be aware that federal law doesnot recognize registered domestic partnerships,which means that tax laws do not apply to domesticpartners and married couples in the same way. Ifpartner support is an issue or you own property,you also may want to consult a tax specialist.

Do I need a lawyer?

Property settlements, support and child cus-tody disputes can be very complicated. A lawyercan tell you how a judge may divide your proper-ty and help you put your property settlementagreement into writing. A lawyer can help youunderstand your rights and duties concerningyour children. A lawyer can assist you if an unex-pected problem comes up. And a lawyer canadvise you on how much money, if any, youshould pay or receive for spousal or child support.

Lawyers who handle dissolution and custodycases are called family law attorneys. Some are“certified specialists” in family law. This meansthat they have met the State Bar’s standards forcertification. Keep in mind, however, that there arelawyers with experience in family law who havenot sought such certification.

In addition, there are alternatives to hiring alawyer who will represent you throughout allstages of your divorce. You could, for example,

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choose limited representation instead—hiring anattorney who will assist you at particular stages ofyour divorce. Whether this would be a goodoption for you could depend on the complexity ofyour case and your financial situation. Generally,limited representation involves less cost.

While some attorneys will not work solely onportions of a case, others will agree to act as collabo-rative attorneys or consulting attorneys (also calledcoaches or providers of unbundled legal services).

• Collaborative attorney. The role of a collabo-rative attorney is to work with you, your spouse andyour spouse’s attorney towards the goal of reachinga settlement on all issues. This could involveexchanging necessary information, selecting com-mon experts and focusing on negotiating familyissues in a cooperative, informal manner. Becausecollaborative attorneys will not represent you incourt on any unresolved issues, you and yourspouse must agree initially to retain new attorneys ifyou need to go to court to resolve remaining issues.

• Consulting attorney. The role of the consult-ing attorney, unlike a collaborative attorney, is toassist you on a limited basis. A consulting attorneydoes not take on full responsibility for overseeing orhandling your case. The limits of the representationare set by agreement. You should make sure thatyou understand the extent of the attorney’s services.Such services might include, for example, helpingyou to develop a negotiation strategy, teaching youhow to present an argument in court, accompanyingyou to mediation or “signing off” on any agreement.

Or you might consider hiring a lawyer who canact as a neutral mediator between you and yourspouse. A lawyer/mediator can provide you withlegal information, as well as some creative alterna-tives for handling your divorce (see #18). This is nota substitute for legal advice.

How can I find and hire theright lawyer?

To find a lawyer, you could call a StateBar-certified lawyer referral service in your area.

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For an online list of certified lawyer referral services,visit the bar’s website at calbar.ca.gov/lrs. Or, for arecorded message with the phone numbers of certi-fied services in your area, call 1-866-44-CA-LAW(442-2529). From out of state, call 415-538-2250.

State Bar-certified lawyer referral services,which must meet minimum standards establishedby the California Supreme Court, can assist you infinding the right lawyer for your particular prob-lem. Most of these services offer half-hour consul-tations for a modest fee.

Attorneys who are members of certifiedlawyer referral services must carry insurance,agree to fee arbitration for fee disputes, meetcertain standards of experience and be State Barmembers in good standing.

Lawyer referral service fees do vary. Don’t for-get to ask whether there is a fee for the referral orinitial consultation.

If you do decide to hire a lawyer, make sureyou understand what you will be paying for, howmuch it will cost and when you will be expected topay your bill. In addition, be aware that lawyersare generally required to notify new clients if theydo not carry malpractice insurance. Such notifica-tion must be made when the client hires thelawyer if it is “reasonably foreseeable” that therepresentation will exceed four hours.

You may belong to a legal insurance plan thatcovers the kind of services you need. Or, if you havevery little income, you may qualify for free or low-cost legal help through volunteer service organiza-tions. Check your phone directory for a legal servic-es program in your county. (California’s statewidelegal services website—LawHelpCalifornia.org—can help you locate a local program.)

In addition, the courts in most counties have on-site clinics where you may be able to obtain formsand guidance on how to proceed. Your local barassociation may have resource information as well.

For more information on finding an attorney, seethe State Bar pamphlet How Can I Find and Hirethe Right Lawyer? To order a free copy of this pam-phlet or for a complete list of available pamphlets,send an e-mail to pamphlets@calbar.ca.gov. To findout how to order by mail, call 1-888-875-LAWS(5297). Or, visit calbar.ca.govwhere you’ll find thepamphlets and information on ordering them.

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How can I get a divorcethrough mediation?

If you choose mediation, you and your spousewill meet with a neutral third party who will helpyou resolve your custody, property and supportissues. The goal is to obtain a legally binding,stipulated Judgment of Dissolution. In addition todealing with legal and financial issues, an effectivemediator is trained to help you and your spouse:

• Communicate more effectively.

• Explore a wide range of settlement options.

• Reach decisions that will work best for youand your family.

You will make your decisions in a privatesetting. Unlike a judicial officer, the mediator doesnot make decisions for you. Nor can he or she giveyou legal advice. Instead, he or she will help youexplore alternatives. The aim is for you and yourspouse to reach solutions tailored to the specificneeds and wishes of you and your family.

You should, however, hire a consulting attorneyto advise you during the process or to review thefinal agreement. Or, you may choose to havean attorney accompany you to your mediationsessions. Or, if your spouse appears to be hidingimportant information, you may need an attorneyto conduct formal discovery (to request informationor take a deposition, for example). This is unusualin mediation but can be done with an agreementfrom you and your spouse.

Generally, mediation is less expensive thantraditional adversarial representation. The cost isgreatly reduced in many instances because youand your spouse voluntarily exchange importantfinancial information, jointly retain experts whennecessary and avoid the expense of trial prepara-tion and court appearances.

Mediation also can significantly reduce the timeit takes to finalize a divorce. And mediators point toother benefits as well. Working through divorceissues with a trained mediator may help you andyour estranged spouse better handle family andparenting issues in the years to come. In addition,

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you may prefer hammering out your own solutionsin private mediation rather than going to court.Mediators suggest that divorced couples also maybe more likely to abide by a mediation agreementbecause it was reached voluntarily.

To find mediation services in your area, youmight try checking with your county bar associa-tion or with the family law facilitator or familycourt services at your local court.

Can I handle my own divorcewithout a lawyer?

Yes. Many people handle their own divorceswithout formal attorney representation. The term forsomeone who represents himself or herself in a legalmatter is in propria persona, also known as pro per.

When someone chooses this option, it is usuallyto avoid the cost of hiring an attorney. Still, manypeople do handle their own divorces successfully,particularly when they have very little property andno children. But be aware that, as a pro per, youcould accidentally make expensive mistakes. And ifyour spouse has an attorney, it may be even moredifficult for you to effectively represent yourself.

If you are considering self-representation simplybecause you cannot afford an attorney, a judge mayorder your spouse—if he or she has more resourcesthan you—to help pay for your legal representation.Or, if you have very little income, you might qualifyfor free or cut-rate assistance (see #17).

As a pro per, you may use the services of a con-sulting attorney or a mediator, or you may handleyour divorce entirely on your own. For assistance,you might turn to self-help books, the Internet or afamily law facilitator (if one is available at your localcourt). In addition, the librarian at your local countylaw library may be able to guide you to the appro-priate resources and forms for your particularissues. You will need to educate yourself about thecourt requirements. The rules of law are not relaxedfor self-represented parties. The rules are the samefor lawyers and non-lawyers. For example, be awarethat you should:

• Prepare and serve the applicable officialdisclosure forms.

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• Put all agreements in writing and file themwith the court for a judicial officer’s signature.

• Follow the rules of evidence and legal proce-dures governing how and what you may presentfor the court’s review.

•Make sure that your court filings are in thecorrect format and that they comply with any spe-cific requirements. (Many forms and instructionscan be found on the California Courts website atcourts.ca.gov.)

• Present evidence that is admissible.

• Argue issues that the judge has a legal rightto consider. (For example, fault in the marriage ormoral obligations generally would not be takeninto account.)

The State Bar of CaliforniaOffice of Media and Information Services

180 Howard Street

San Francisco, CA 94105-1639

415-538-2000

Publications: 1-888-875-LAWS (5297)

pamphlets@calbar.ca.gov

calbar.ca.gov

The purpose of this pamphlet is toprovide general information on thelaw, which is subject to change. It isnot legal advice. Consult a lawyer ifyou have a specific legal problem.

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