Divorce Glossary: California Family Law Terms Explained
A quick-reference glossary translating common California divorce and family-law jargon into plain English so you can navigate paperwork and hearings with confidence.
Even confident California divorce filers often stumble when court documents mention “bifurcation,” “ex parte” hearings, or mysterious FL-numbered forms. This plain-English glossary decodes more than forty of the most frequent family-law terms you’ll encounter, with California-specific nuances and internal links to deeper guides. Bookmark it for quick look-ups whenever an unfamiliar word pops up in your paperwork, mediation sessions, or courtroom discussions.
A
Arrears – Past-due child or spousal support. In California, arrears accrue 10 % simple interest until paid; learn collection strategies in our enforcement options guide.
Automatic Temporary Restraining Orders (ATROs) – Financial and child-related restraints that take effect once the Petition is served; printed on the back of the Summons (FL-110).
Alternative Dispute Resolution (ADR) – Umbrella term for resolving divorce issues outside of court, including mediation and collaborative law, usually faster and less costly.
B
Bifurcation – Court process allowing spouses to become legally single while property or support matters continue. Helpful when one spouse wants to remarry sooner.
Bird-Nesting – Temporary custody arrangement where children stay in one home and parents rotate in and out, reducing disruption but often increasing housing costs.
C
Community Property – Assets or debts acquired during marriage that California law presumes are owned 50/50. See detailed division rules in property division.
Custody Order – Court-signed document describing legal and physical custody terms; violations can be enforced through contempt or modification. Review our child custody guide.
D
Default Judgment – Final divorce granted when the Respondent fails to file a timely response. The Petitioner must still submit disclosure documents and a proposed judgment packet.
Discovery – Formal information-gathering tools (interrogatories, subpoenas, depositions) used to uncover financial or custody-related facts before trial.
E
Earnings Assignment – See Wage Assignment; directs employer to deduct support directly from a paycheck.
Ex Parte – Emergency hearing with little notice, granted when immediate relief is necessary to prevent irreparable harm, such as sudden move-away with a child.
F
Family Court Services (FCS) – County-based mediation program that helps parents reach custody agreements before a judge rules.
Findings and Order After Hearing (FOAH) – Court form summarizing rulings made at a hearing; becomes an enforceable order once signed by the judge.
G
Gavron Warning – Judicial notice telling a supported spouse to become self-supporting within a reasonable time, especially in long-duration marriages.
Guardian ad Litem – Court-appointed adult who represents a minor or incapacitated person’s interests during proceedings.
H
Hearing Date – Scheduled courtroom appearance where the judge decides motions or reviews settlement status.
Holiday Schedule – Portion of a parenting plan that allocates school breaks and special days. See ideas in holiday schedule ideas.
I
Income and Expense Declaration (FL-150) – Sworn financial statement required for support decisions; guidelines in financial disclosures.
Interrogatories – Written questions served on the other party during discovery, answered under oath within 30 days.
J
Joint Legal Custody – Parents share decision-making on education, health, and welfare. Pros and cons analyzed in joint custody guide.
Judgment – The final decree ending the marriage and incorporating orders on property, support, and custody.
K
Keep-Away Order – A Domestic Violence Restraining Order prohibiting one party from contacting or approaching the other or the children.
L
Legal Separation – Court order dividing property and deciding custody without ending marital status; spouses remain legally married.
Long-Duration Marriage – Union of ten years or more, triggering different spousal support rules without automatic termination dates.
M
Mediation – Neutral facilitator helps parties reach voluntary settlement; compare to litigation in mediation vs. litigation.
Marital Settlement Agreement (MSA) – Written contract detailing property, support, and custody terms, incorporated into the Judgment.
N
Notice of Entry of Judgment – Court-generated form that serves the signed Judgment on both parties and starts appeal deadlines.
Non-Custodial Parent – Parent with less than 50 % physical custody time; may still share joint legal custody.
O
Order to Show Cause (OSC) – Older term for a Request for Order; directs a party to appear and explain why the court shouldn’t grant specific relief.
Omitted Asset – Community property not disclosed during divorce; can reopen the case later for 100 % award to the innocent spouse.
P
Parenting Plan – Detailed document outlining custodial schedule, holidays, travel, and communication rules. Draft yours with our parenting plan guide.
Petition – First pleading (FL-100) that opens a divorce, legal separation, or domestic partnership dissolution case.
Q
Qualified Domestic Relations Order (QDRO) – Specialized order dividing retirement plans; visit retirement accounts guide.
R
Request for Order (RFO) – Modern motion form (FL-300) asking the court for temporary orders on support, custody, or property; see FL-300 instructions.
Respondent – Party who answers the Petition; must file Response (FL-120) within 30 days of service to avoid default.
S
Summons – FL-110 form officially notifying the Respondent of the lawsuit and setting response deadlines.
Separate Property – Assets owned before marriage or acquired by gift or inheritance, generally not divided in divorce.
Stipulation – Written agreement on a specific issue signed by both parties and filed for the judge’s signature.
T
Trial Setting Conference – Hearing where the judge confirms all discovery is complete and sets a formal trial date.
Temporary Spousal Support – “Guideline” support paid while the case is pending; compare formulas in spousal support guide.
U
UCCJEA – Uniform Child Custody Jurisdiction and Enforcement Act establishing which state has authority to make custody orders.
Uncontested Divorce – Case where both parties reach full agreement, allowing paperwork- only judgment without trial.
V
Visitation – Parenting time awarded to the non-custodial parent; schedules explained in child visitation guide.
Venue – Proper county courthouse for filing, usually where either spouse has resided for at least three months.
W
Wage Assignment – Court order instructing an employer to deduct support directly from a paycheck; automatically generated in most support cases.
Withdrawal of Attorney – FL-960 form notifying the court that counsel no longer represents a party and the client is self-represented.
Need more than a definition? Our in-depth guides walk through timelines, paperwork and negotiation strategies so you can take the next informed step in your divorce process.