Family Law – Types of Cases Print this Page
Phone: (415) 444-7040
Email: familylaw@marincourt.org
Location: Civic Center, Hall of Justice, Room 113
Office Hours: 8:30am - 4:00pm




PLEASE NOTE: For dissolution of marriage or legal separation in California, there are only two legal grounds. The first is "irreconcilable differences," meaning that at least one party asserts that the marriage cannot be saved. The other reason is "incurable insanity" which, unlike irreconcilable differences, must be proven.

Dissolution of Marriage (Divorce): A dissolution of marriage, which is more commonly known as divorce, terminates the marriage and resolves marital issues including child custody, visitation, child support, spousal support, asset and debt division (real and personal property), former name restoration, restraining orders, and other issues identified by the parties.

Summary Dissolution: If you and your spouse are in agreement that you want to divorce you may be able to obtain a summary dissolution. The criteria for a summary dissolution include:

  • You were married for under five years,
  • There were no children born during the marriage,
  • You have very few community assets and debts.

For more information about this option, which is less complicated than a regular dissolution of marriage, click here.

Legal Separation: Legal separation is similar to dissolution of marriage, except that the parties remain married to each other. The Court may make orders regarding the same issues identified in a dissolution of marriage.

If you open a legal separation action, you may amend your petition prior to judgment to request a dissolution of marriage. That will allow you to "start the clock" on the waiting period for divorce, provided that you follow some special instructions.

Nullity: A nullity is more commonly known as an annulment of marriage. This may only be requested if a party alleges incest, bigamy, minor without parental consent, unsound mind, fraud, force or incapacity to consummate marriage.

Domestic Partnerships: Dissolution of a domestic partnership terminates the partnership. You must be a resident of the state of California, both parties do not have to agree to the dissolution and it takes a minimum of six months for this action to become final. Please click here for the petitions related to domestic partnerships.

Child and Spousal Support Enforcement: To obtain or modify family support orders, establish parentage, or enforce existing family support orders, the Department of Child Support Services is available to assist you. Click here for information about this office. You may also receive legal assistance and information from the Family Law Facilitator, located at Legal Self Help Services.

Adoptions - Private and Stepparent: Before granting a petition for adoption, the Court authorizes an investigation of the adoptive parent(s), regardless of whether they are related to the children or stepparents. Parties are required to pay for these investigations. Click here for more information on the requirements for adoptions. Typically, the Court will also consider petitions to terminate parental rights of the parent(s) who are relinquishing their children in this process.

Domestic Violence: Parties alleging domestic violence may file for a Domestic Violence Restraining Order. Click here for domestic violence forms that you can complete on line. Please Click here for more information about agencies that can help you file your applications for restraining orders and review the Court's Local Rules for the proper procedures to file these cases.

Establishment of Parental Relationship: These are also called paternity cases. The Court may make findings of parental relationship in these matters that will have an affect on child support, visitation and custody.

Child Custody, Support and Visitation: Even after marital and domestic partnership issues have been resolved, the Court retains jurisdiction over issues that affect minor children in these proceedings until these children reach 18 years of age. Parties may file motions to modify custody, support and visitation any time the circumstances warrant such filings.

Termination of Parental Rights: The Court may award sole custody of minor children to one parent, based on findings that the other parent is unable or unwilling to care for the children.

Emancipation of Minors: A minor may petition the Court for a declaration of emancipation if the minor is at least 14 years of age, willingly lives separately from parents, and managing his own personal financial affairs.

Overview

Family Court is comprised of three distinct program areas:

  • Family Law Division of the Civil Clerk's Office, which processes filings and schedules court hearings for many different types of matters.
  • Family Law Facilitator's Office, which assists parties who have questions about child support, spousal support, health insurance, and the availability of community resources to help families.
  • Family Court Services, which provides child custody mediation and helps parents resolve child-focused disputes once parents are living apart.


 
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