Orange County Divorce

ORANGE COUNTY DIVORCE (DISSOLUTION) is governed by the laws of the State of California and specifically the set of laws known as the  California Family Code .  All issues including “Divorce” (Dissolution), “Legal Separation”, “Annulment”, and issues dealing with Children.  (Custody, Support and Paternity) are covered in the Family Code.   The laws that apply to divorce in Orange County are the same in San Diego, Los Angeles and San Francisco and every city and town in between.  Each Court may have its own local procedural rules, but the underlying substantive laws are the same.

Family Law Court has specific jurisdictional limitations.  “Jurisdiction” means that the court has the Power and the Authority to make decisions that effect your rights.   The Family Law Court hears cases regarding Domestic Relations litigation and independent exclusive child custody and/or child visitation actions concerning the minor children of the relationship.

Custody and visitation disputes may be litigated in the parents' dissolution, nullity or legal separation action or in an independent custody/visitation action between the parents for exclusive custody.  The court’s jurisdiction is limited to minor children of the parties' marriage or domestic partnership.

Family Code custody and visitation proceedings are governed by California Family Code §3000 et seq.  These statutes apply in actions or proceedings that include:

    ·  Marital litigation where custody and/or visitation is in issue in a marriage dissolution, nullity or legal separation proceeding;

    ·  Domestic partnership litigation where custody and/or visitation is in issue in a domestic partnership dissolution, nullity or legal separation proceeding;

    ·  An action for exclusive custody;

    ·  A Domestic Violence Prevention Act (DVPA) proceeding raising custody or visitation issues;

    ·  A Paternity action under the Uniform Parentage Act to determine custody or visitation;
   
    ·  A proceeding to determine custody or visitation in an action brought by the Orange County Department of Child Support Services agency;

    ·  A grandparent's visitation proceeding;

    ·  An action for visitation by a former legal guardian.

(Note:    The juvenile court (not the Family Law court) has exclusive jurisdiction over custody/visitation disputes concerning a minor child adjudged a dependent of the juvenile court.)