You can find additional materials on family law by browsing the library shelves near the listed books or by searching the library catalog.
California couples wishing to end their marriage or domestic partnership have three legal options:
Divorce. Divorce or dissolution is a proceeding that legally ends a marriage or domestic partnership. After a divorce, both parties are considered single, and are free to remarry or enter a new domestic partnership. Under California Family Code section 2310, there are only two grounds available for divorce in California:
There are two types of divorce available to California couples: Summary Dissolution and Regular Dissolution. Summary Dissolution is an easy way to handle a divorce, because it requires only a few forms, and does not require a hearing with a judge. Under California Family Code sections 2400 et seq., Summary Dissolution is only available to couples who:
have been married less than five years
have no children together
own no real property
have no community or separate property worth more than $38,000
have community obligations (other than cars) worth less than $6000.
For more information about Summary Dissolution, see http://courts.ca.gov/selfhelp-summarydissolution.htm
In order to file for divorce in California, at least one party must have lived in California for the last 6 months, and in county where they plan to file the divorce for the last 3 months (California Family Code section 2320). For help determining if you meet the residency requirements to file for divorce, see http://courts.ca.gov/1224.htm
After filing for a divorce, there is a mandatory 6-month waiting period before your divorce may become final.
Legal Separation. A legal separation does not end a marriage or domestic partnership. With a legal separation, the marriage or domestic partnership remains intact, and the parties may not remarry or enter a new domestic partnership. Legal separation is an option for couples that do not wish to divorce, but want to separate their finances and property. The grounds for legal separation are the same as those for divorce. To file for legal separation, one party must reside in the county where the papers are filed at the time the case is started. There is no required length of residency.
Annulment. In an annulment, the court determines that a marriage or domestic partnership is not legally valid. Marriages or domestic partnerships that are incestuous or bigamous are never valid. Others can be declared "void" or "voidable" because:
of force, fraud, or physical or mental incapacity;
one of the spouses was legally too young to marry or enter a domestic partnership; or
one of the spouses was already married or in a domestic partnership.
More information about the grounds for nullity, as well as time limits for filing for an annulment, are available from the California Family Code, sections 2210 et seq. Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge. To file for an annulment, one party must reside in the county where the papers are filed at the time the case is started. There is no required length of residency.
Support, custody, property division, and other orders are available in divorce, legal separation, and annulment cases. See the "Child Support" and "Custody and Visitation" resources guides for materials on those specific topics.
The procedures and forms are similar for each of these options. The following resources provide information that is useful to parties pursing a divorce, legal separation or annulment.
SELF HELP
Self-help materials provide "plain English" explanations of the law, written by attorneys or other legal professionals. These books include basic procedures, forms with instructions, models of other required documents, and tips for handling your case.
Books:
California
How to Do Your Own Divorce in California (KFC126 .Z9 S45)
How to Solve Divorce Problems in California: In or Out of Court (KFC126 .Z9 S53)
Law Office Procedures Manual (KFC77 .L44)
Family Law Basics: A Step-By-Step Guide to California Divorce, Paternity, Custody, Support, Domestic Violence and Property with Pleadings, Procedures and Forms. (KFC115 .F36)(Ref Desk)
General
Divorce and Money: How to Make the Best Financial Decisions During Divorce (KF524 .W66)
Electronic Access: On the Library's computers using Nolo Ebooks.
Divorce Without Court: A Guide to Mediation and Collaborative Divorce
(KF535 .Z9 S76)
Electronic Access: On the Library's computers using Nolo Ebooks.
A Judge's Guide to Divorce: Uncommon Advice From the Bench
(KF535 .Z9 D857)
Electronic Access: On the Library's computers using Nolo Ebooks.
Make Any Divorce Better: Specific Steps to Make Things Smoother, Faster, Less Painful and Save You a Lot of Money (KF535 .Z9 S523)
Nolo's Essential Guide to Divorce (KF535 .Z9 D67)
Electronic Access: On the Library's computers using Nolo Ebooks.
Websites:
California Courts' Self-Help website (http://courts.ca.gov/selfhelp-divorce.htm)
Excellent comprehensive website for information, court rules, and forms. Includes a
step-by-step guide for uncontested divorces.
Divorce Help Line (www.divorcehelp.com)
This website provides legal and practical information on all aspects of divorce. It links to the Divorce Helpline, a fee-based service of attorneys and other legal experts available to answer your questions and provide assistance.
Nolo Press Self-Help Law Center (www.nolo.com) Contains legal information geared to non-attorneys. The website includes a law dictionary that translates legal jargon into plain English, and guides and forms that can be downloaded to your computer for a fee.
Sacramento Superior Court (www.saccourt.ca.gov)
Link through to Family Law. Click on EZ Legal File to fill out family law forms using a question and answer format.
LawHelp (www.lawhelpcalifornia.org)
Information searchable by state and by county.
IN-DEPTH RESEARCH
These are "practitioner's guides" aimed at attorneys. They contain a lot of information about the law, procedures, motions, and forms.
Books:
California Civil Practice: Family Law Litigation(KFC115 .A6 B36)
Electronic Access: On the Library's computers using Westlaw.
California Community Property Law (KFC125 .C6 B37)
California Domestic Partnerships (KFC115 .C336)
Electronic Access: On the Library's computers using OnLaw.
California Family Law Litigation Guide (KFC115 .C37)
Electronic Access: On the Library's computers using the Lexis Nexis CD.
California Family Law: Practice and Procedure (KFC115 .L87)
Electronic Access: On the Library's computers using the Lexis Nexis CD.
California Forms of Pleading and Practice—vols. 18 and 19, "Dissolution of Marriage," vol. 5 Ch. 23, "Annulment" (KFC1010 .A65 C3)
Electronic Access: On the Library's computers using the Lexis Nexis CD.
California Marital Settlement and Other Family Law Agreements (KFC126 .W34)
Electronic Access: On the Library's computers using OnLaw.
California Practice Guide: Family Law (KFC115 .H64 R8)
Electronic Access: On the Library's computers using Westlaw.
Complex Issues in California Family Law (KFC115 .G72)
Dissolution Strategies: from Intake to Judgment (KFC126 .D57)
Electronic Access: On the Library's computers using OnLaw.
Dividing Pensions and Other Employee Benefits in California Divorces
(KFC126 .D58)
Electronic Access: On the Library's computers using OnLaw.
Family Law Financial Discovery (KFC126 .F36)
Electronic Access: On the Library's computers using OnLaw.
Family Law Practice Nuts and Bolts (KFC115 .A75 C35)
Practice Under the California Family Code (KFC126 .P7)
Electronic Access: On the Library's computers using OnLaw.
FORMS
Divorce, legal separation, and annulment cases require the use of mandatory statewide Judicial Council forms, as well as some Sacramento County local forms. Both types of forms are available:
In Room 100 at the Family Relations Courthouse
At the Law Library, to photocopy or on the computers
On the Internet (see the "Websites" section below)
Samples of completed forms are available in many of the books listed above. The Sacramento County Family Law Facilitator's Office also offers instructional packets online at http://www.saccourt.ca.gov/family/self-help-resources.aspx.
For blank forms, try the following resources:
Books:
California Judicial Council Forms Manual (Ref Desk KFC995 .A65 C25)
West's California Judicial Council Forms (Ref Desk KFC995 .W45 C3)
Websites:
Judicial Council Forms (www.courts.ca.gov/forms)
These mandatory forms can be filled out online. These completed forms cannot be saved
EZ Legal File (www.saccourt.ca.gov)
This program on the court's home page helps you fill out required family law forms through a question and answer format.
Sacramento County Local Court Forms (http://www.saccourt.ca.gov/forms/forms.aspx)
These cannot be filled out online. You can print them out or download them.
US Court Forms (library use only).
This program, available on the library's public computers, allows users to save or print filled-out Judicial Council and local forms.
STATUTES
All of the materials listed above will refer you to sections of California Codes. The codes are available in the library and online.
Books:
Deering's California Code Annotated (KFC30.5 .D4)
Deering's includes model wording for forms after some code sections.
West's Annotated California Codes (KFC30 .W48)
Websites:
California State Codes (www.leginfo.ca.gov/calaw.html)
Check the box for Family Code, then search by word or press Enter to browse by Table of Contents.
COMMUNITY RESOURCES
The Family Law Facilitator's office provides workshops on many aspects of divorce, separation, and annulment procedure. Appointments are required to attend most workshops. To sign up for a workshop, visit the Self Help Center in Room 113 of the Family Relations Courthouse, Monday through Thursday.
Dissolution/Nullity/Legal Separation Workshop
This workshop is for married persons who want a divorce, legal separation, or annulment. This workshop can also be used to start a case for custody, visitation, child support, spousal support, and property division.
Default Workshop
This workshop is for parties who have filed a family law case in the Sacramento Superior Court, and at least thirty (30) days have passed since the other party was served, and no Response has been filed.
Order to Show Cause Workshop
This workshop is for parties who have a case in Sacramento County and want to request a hearing.
Income & Expense Declaration Workshop
Wednesdays and Thursdays at 8:30 a.m. (walk-in workshop – no appointment needed)
This workshop helps parties complete the Income and Expense Declaration or Financial Disclosures forms. Arrive early and bring a blue or black pen, W-2's for the previous year, paystubs for the past two months and a calculator (not a cellular telephone). Space is limited and the workshop is offered on a first come-first served basis only.
updated 01/11 mpj
revised 1/23/12 mpj