“Family court” refers to the activities of superior court handling domestic relation actions. The following actions occur in family court:
- marital or domestic partnership status
- custody of marital children
- child support matters
- property disputes
- attorney fee and cost awards
- restraining orders
- paternity
Residency Requirements
California requires that the petitioner or respondent live in the state for 6 months and the county for the past 3 months.
Personal Jurisdiction
Personal jurisdiction requirements can be met by filing for divorce in CA. In addition, California must have personal jurisdiction over the respondent. Methods of satisfying personal jurisdiction:
- Physical presence when served the petition and summons
- Domicile in the state
- Consent to jurisdiction
- Minimum contacts with CA
Requirement of Notice to Spouse
Parties must provide notice of the proceedings as required by law
Problem of Filing in Multiple States
A spouse living outside California may acquire jurisdiction to file for divorce in their home state. Usually, the first petition filed will determine where the divorce will occur.
Conflicting Superior Court Departments
Superior court is divided in departments such as family, juvenile, and probate. The department to first exercise jurisdiction has exclusive jurisdiction until the matter is finally disposed of. When a family matter is pending, no other superior court department will act to interfere with the family court.
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