Top Family Law Attorney Explains Details of Divorce in California

[Source: iclg] 

Celebrity Lawyer Steven K. Yoda, who is ranked as a best family law attorney in California, breaks down the details of getting a divorce in California for ICLG’s Family Law 2025 8th Edition.

Steven Yoda authored Chapter 17 in the eighth edition of this family law publication and is the family law expert chosen to write about divorce in California in the United States.  Various other family law experts authored other chapters about divorce in various countries including Canada, England & Wales, Germany, Italy, Kenya, Scotland, South Africa, China, France, Ghana, Japan, Monaco, Singapore, and Switzerland.

1. Divorce in California, USA

1.1        What are the grounds of jurisdiction for divorce proceedings?  For example, residence, nationality, domicile, etc.?

In order to get divorced in California, at least one party must reside (i.e., be domiciled) in California for at least six months – and the county in which the divorce action is filed for at least three months – immediately preceding the filing of the petition for divorce.  (California Family Code (Fam. Code), § 2320.) 

1.2        What are the grounds for a divorce?  For example, is there a required period of separation; can the parties have an uncontested divorce?

California is a no-fault divorce jurisdiction.  Thus, in California, it is not necessary to prove adultery, cruelty, abandonment or other “fault” committed by the other spouse.  One need only prove that irreconcilable differences have caused the irremediable breakdown of the marriage.  (Fam. Code, § 2310.)  This is usually achieved through the testimony of one party. 

1.3        In the case of an uncontested divorce, do the parties need to attend court and is it possible to have a “private” divorce, i.e. without any court involvement?

If a divorce is uncontested, the parties do not need to attend court.  One party must still file a public divorce action, but the attendant financial disclosures and settlement negotiations can all be completed privately.  Ultimately, a public judgment will be entered by the court officially divorcing the parties, but this can be achieved without anyone attending court. 

1.4        What is the procedure and timescale for a divorce?

The typical procedure for a divorce is: one party (the petitioner) files a petition for divorce; the other party (the respondent) files a response to the petition; the petitioner serves his/her financial disclosures; the respondent serves his/her financial disclosures; the parties negotiate a settlement agreement; the settlement agreement is officially written up in the form of a proposed judgment, which is submitted to the court; and the court reviews and approves the proposed judgment and enters it as an official judgment. 

The timescale for this process depends on the cooperativeness of the parties and the court’s schedule.  Typically speaking, this process does not happen faster than six months and usually takes somewhere between one to two years.

1.5        Can a divorce be finalized without resolving other associated matters?  For example, children and finances.

Yes.  In California, a party may request that the court grant an early divorce while other associated matters remain unresolved.  (Fam. Code, § 2337.) 

1.6        Are foreign divorces recognized in your jurisdiction?  If so, what are the procedural requirements, if any?

Yes, a foreign divorce can be recognised in California.  The recognition of a foreign divorce is governed by principles of comity.  Generally speaking, if a party was domiciled in the foreign country at the time of that proceeding and the foreign divorce judgment is valid in the foreign country, then California can recognise the foreign judgment.  (See, e.g., Burt v. Burt (1960) 187 Cal.App.2d 36, 43.) 

1.7        Does your jurisdiction allow separation or nullity proceedings?

Yes, both. 

A party can file for legal separation.  (Fam. Code, § 2310.)  A legal separation action, like a divorce action, conclusively settles the parties’ property rights, financial responsibilities and responsibilities to minor children.  But, in the end, the parties remain married.  Legal separation requires the consent of both parties.  (Fam. Code, § 2345.)

A party can also file for an annulment.  (Fam. Code, § 2210.)  An annulment action voids a marriage from its inception.  The legal bases for an annulment are limited but include: incest; bigamy; non-compliance with licensing and solemnisation requirements; unsound mind; minority of age (under 18 years old); force; physical incapacity; and fraud.

1.8        Can divorce proceedings be stayed if there are proceedings in another country?

Yes.  If another action between the same parties regarding the same issues is pending in another jurisdiction, the California court may quash (abate) the California action.  (Cal. Rules of Court, rule 5.63.)  The California court may also dismiss or stay the California action under principles of forum non conveniens – i.e., a suitable alternative forum exists (other than California) and the balance of interests makes it just to proceed in the alternative forum.  (Code of Civil Procedure, §§ 410.30, 418.10.) 

2. Finances on Divorce

2.1        What financial orders can the court make on divorce?

The court can make spousal and child support orders, divide property and award attorney’s fees and costs.  (Fam. Code, § 2010.)

2.2        Do matrimonial regimes exist and do they need to be addressed by the court on divorce?  Is there a default matrimonial regime?

California is a community property state.  California courts follow California community property law, which controls in the absence of a premarital agreement. 

2.3        How does the court decide what financial orders to make?  What factors are taken into account?

Dividing assets and debts

In general, all property (assets and debts) acquired by a party before marriage or after separation is that party’s separate property.  (Fam. Code, § 770.)  Gifts and inheritances – even if received during marriage – are also that party’s separate property.  (Id.)  Neither spouse has any interest in the separate property of the other.  (Fam. Code, § 752.)  By contrast, property acquired after the date of marriage but before separation is generally considered to be community property.  (Fam. Code, § 760.)  Spouses have an equal interest in community property; therefore, community property is divided equally.  (Fam. Code, §§ 751, 2550.)  

Determining spousal support

Spousal support is determined by balancing numerous factors, including: each party’s needs; each party’s ability to pay; the marital standard of living; each party’s assets and debts; the duration of the marriage; each party’s earning capacity; the extent to which one party’s earning capacity is impaired because of unemployment to devote time to domestic duties; each party’s age and health; the goal that the supported party be self-supporting; the ability of the supported party to work without unduly interfering with the interests of the children; and any history of domestic violence.  (Fam. Code, § 4320.) 

For temporary (pendente lite) spousal support, many counties in California utilise mathematical formulas.  In Santa Clara County, for example, temporary spousal support is calculated by taking 40% of the net income of the payor and subtracting 50% of the net income of the payee.  These formulas are merely guidelines.  Courts are free to deviate from them based on the facts of a given case.  Courts are prohibited from using such mathematical formulas to calculate permanent spousal support.  (Marriage of Burlini (1983) 143 Cal.App.3d 65, 69.) 

Determining child support

For child support, California courts must adhere to a mathematical formula known as the statewide uniform guideline.  This guideline applies in all child support proceedings and is presumptively correct as a matter of law.  The statewide uniform guideline is set forth in section 4055 of the Family Code.  The statewide uniform guideline can be rebutted in certain limited circumstances, including if the payor is an extraordinarily high-income earner.  (Fam. Code, § 4057.) 

2.4        Is the position different between capital and maintenance orders?  If so, how?

Yes.  In California, capital (property division) orders and maintenance (spousal and child support) orders are separate and independent analyses.  For property division, community property is identified and then divided equally (question 2.3).  Spousal support and child support are analysed separately (question 2.3). 

2.5        If a couple agrees on financial matters, do they need to have a court order and attend court?

No.  As indicated above (question 1.3), one party must still file a public divorce action – and the court ultimately will enter the parties’ settlement agreement as a final judgment – but, through cooperation, this can all be achieved without anyone attending court. 

2.6        How long can spousal maintenance orders last and are such orders commonplace?

For marriages of less than 10 years, the duration of spousal support generally is one-half the length of marriage.  (Fam. Code, § 4320, subd. (l).)  For marriages of 10 years or more, there is no time limit on spousal support.  In fact, for marriages of 10 years or more, courts can retain jurisdiction over the issue of spousal support indefinitely.  (Fam. Code, § 4336.)

2.7        Is the concept of matrimonial property recognized in your jurisdiction?

Yes.  Community property is akin to matrimonial property.  Spouses have an equal interest in community property.  (Fam. Code, §§ 751, 2550.)

2.8        Do the courts treat foreign nationals differently on divorce?  If so, what are the rules on applicable law?  Can the court make orders applying foreign law rather than the law of the jurisdiction?

If jurisdiction is proper in California, California courts will not treat foreign nationals differently.  California courts will apply California law. 

2.9        How is the matrimonial home treated on divorce?

The matrimonial home is analysed under community property law principles.  If the home was acquired during marriage with community property funds, then the home will generally be treated as community property.  If the home was fully acquired before marriage with separate property funds, then the home will generally be treated as separate property.  If the home was acquired partially with separate property and partially with community property, then the court will try to apportion ownership of the home between separate and community interests and/or provide a reimbursement to the spouse who used their separate property toward the purchase of the home. 

2.10      Is the concept of “trusts” recognized in your jurisdiction? If so, how?

Yes, trusts are recognised in California.  However, if community property is transferred into a trust that is revocable, that property generally remains community property.  (Fam. Code, § 761.)

2.11      Can financial claims be made following a foreign divorce in your jurisdiction?  If so, what are the grounds?

It depends.  In one sense, a valid foreign divorce judgment recognised by a California court is final.  In another (very technical) sense, as to child support specifically, child support can be modified by a California court.  This depends on facts like: the specific country at issue; whether the other country lacks or refuses to exercise jurisdiction to modify child support; and whether the parties consent to California jurisdiction and modification.  (Fam. Code, § 5700.615.)  So, a financial claim in California to modify child support is feasible.

2.12      What methods of dispute resolution are available to resolve financial settlement on divorce, e.g. court, mediation, arbitration?

Judicial determination via litigation is of course available.  That, however, usually is the last resort.  Mediation is available and very common.  Mediation is purely voluntary.  Arbitration is less common, but parties are free to agree to arbitrate the division of property.  If the parties do not agree, then the court can only compel arbitration if the amount of community property at issue does not exceed $50,000.  (Fam. Code, § 2554.)  “Private judging” is also available in California, whereby the parties agree to use – and compensate – a temporary “private judge” (usually a retired family law judge), who stands in the shoes of the public judge and decides all issues.  (Cal. Rules of Court, rule 2.830 et seq.)

3. Marital Agreements

3.1        Are marital agreements (pre- and post-marriage) enforceable?  Is the position the same if the agreement is a foreign agreement?

Yes, premarital agreements and marital (i.e., post-nuptial) agreements can be enforceable in California.  Foreign agreements can be enforceable too, but they are trickier.  First, the foreign law chosen by the agreement must have a substantial relationship to the parties or the transaction and have a reasonable basis for being chosen in the first place.  Second, the foreign law must not be contrary to a fundamental policy of California.  (Marriage of Crosby & Grooms (2004) 116 Cal.App.4th 201, 210-11.) 

3.2        What are the procedural requirements for a marital agreement to be enforceable on divorce?

The requirements for a valid premarital agreement are set forth at Family Code section 1600 et seq.  Generally speaking, a premarital agreement: must be executed voluntarily; it must not be unconscionable; it must be fair; reasonable and full financial disclosures must be exchanged; there should be a waiver of any right to financial disclosures beyond the financial disclosures provided; and at least seven calendar days must pass between presentation of the final agreement and the time the agreement is signed.  Best practice also dictates that both parties be represented by independent legal counsel. 

The requirements for a valid marital (i.e., post-nuptial) agreement are less clear because California lacks a clear statute on the issue.  That said, one should assume, at the very least, that the requirements for a valid premarital agreement apply.  In actuality, the requirements for a valid post-nuptial agreement are likely even higher because, in California, spouses (unlike fiancés/fiancées) are legal fiduciaries by operation of law.  As such, spouses owe each other the highest duty of good faith and fair dealing and cannot take unfair advantage of the other.  Thus, at minimum, a valid post-nuptial agreement should be accompanied by full disclosure of all relevant facts, including the character of property subject to the agreement.  Also, it is advisable that both parties be represented by independent legal counsel. 

3.3        Can marital agreements cover a spouse’s financial claims on divorce, e.g. for maintenance or compensation, or are they limited to the election of the matrimonial property regime?  Can they deal with financial claims regarding children, e.g. child maintenance?

Premarital and marital (i.e., post-nuptial) agreements can modify California community property law as to some or all of the parties’ property.

A premarital agreement may also attempt to limit spousal support.  However, if the party against whom it is enforced was not represented by independent counsel when the provision was signed, or if the provision is unconscionable at the time of enforcement, then it is not enforceable.  (Fam. Code, § 1612, subd. (c).)  It is unclear whether a post-nuptial agreement may limit spousal support.  (Cf. Fam. Code, § 1620.) 

Premarital and post-nuptial agreements may not limit child support obligations or custody rights. 

4. Cohabitation and the Unmarried Family

4.1        Do cohabitants, who do not have children, have financial claims if the couple separate?  What are the grounds to make a financial claim?

First, for clarity, California does not have common law marriage.  A couple cannot informally become married simply by living together (no matter how they live together).  So, if that couple were to later separate, no marriage or marriage-like obligations would be triggered automatically.

That said, if the parties agreed to certain financial obligations upon their separation, then such an agreement can be binding as a matter of contract law.  The seminal case of Marvin v. Marvin (1976) 18 Cal.3d 660 held that such an agreement can be express (oral or written) or implied (inferred from the actions of the parties). 

4.2        What financial orders can a cohabitant obtain?

An unmarried cohabitant can only obtain financial orders consistent with the parties’ contract. 

4.3        Is there a formal partnership status for cohabitants (for example, civil partnerships, PACS)?

Unmarried cohabitants in California can register as domestic partners.  (Fam. Code, §§ 297 et seq.)  To create a domestic partnership, the parties must, inter alia, file a Declaration of Domestic Partnership with the California Secretary of State, who then will officially register the domestic partnership.  Registered domestic partners, for all intents and purposes, enjoy all rights, benefits and responsibilities as spouses under California law (but not necessarily federal law).  In the absence of a registered domestic partnership, unmarried cohabitants have no formal legal status. 

4.4        Are same-sex couples permitted to marry or enter other formal relationships in your jurisdiction?

Yes, in California, same-sex couples may marry or become registered domestic partners like any other couple.

5. Child Maintenance

5.1        What financial claims are available to parents on behalf of children within or outside of marriage?

Child support is available to parents of a minor child.  The legal standard is the same regardless of whether the child was born within or outside of marriage. 

5.2        How is child maintenance calculated and is it administered by the court or an agency?

As indicated above (question 2.3), California courts generally adhere to a mathematical formula known as the statewide uniform guideline.  It is based, inter alia, on the income of the parties.  Furthermore, parents can be ordered to pay additional expenses like: childcare costs; uninsured healthcare costs; educational or other costs related to the child’s special needs; and travel expenses for visitation. 

Local county governments are empowered to enforce child support orders, but, even so, such enforcement actions must be filed and litigated through the court system.

5.3        For how long is a parent required to pay child maintenance or provide financial support for their children?  For example, can a child seek maintenance during university?

Generally speaking, the duty to pay child support lasts until an unmarried child turns 18 years old.  However, if the unmarried child turns 18 years old and is a full-time high school student and not self-supporting, then the duty continues until the child completes 12^th grade or turns 19 years old, whichever occurs first.  (Fam. Code, § 3901.)  Nonetheless, if a party voluntarily agrees to support an adult child beyond that duration (e.g., by paying for university tuition), then a court can enforce that agreement.  (Separately, a California court can order parents to financially support an adult child with special needs, who is incapacitated from earning a living and without sufficient means.)  (Fam. Code, § 3910.)

5.4        Can capital or property orders be made to or for the benefit of a child?

No.  Typically, the duty to pay child support is monthly, and it is expected that the payor will pay child support from his/her monthly income.  However, California courts have the discretion to impose a reasonable lien on real or personal property as security for the payment of child support.  (Fam. Code, § 4012.) 

5.5        Can a child or adult make a financial claim directly against their parents?  If so, what factors will the court take into account?

Generally speaking, no.  Child support is directly payable by one parent to the other parent.  A minor child lacks legal standing to personally and directly enforce a parent’s child support obligation.  However, if a parent wilfully fails to pay child support, then a child may bring an action to enforce that duty, but, even so, that action must be brought through a guardian ad litem.  (Fam. Code, § 4000.) 

Conceivably, an adult child could enforce an adult child support obligation set forth in a binding agreement between his/her parents (e.g., marital settlement agreement) under the theory that he/she was an intended third-party beneficiary of that agreement.

6. Children – Parental Responsibility and Custody

6.1        Explain what rights of custody both parents have in your jurisdiction whether (a) married, or (b) unmarried.

In California, rights of custody include legal custody (the right to make decisions regarding a child’s health, education and welfare) and physical custody (the right to reside with and supervise a child).  (Fam. Code, §§ 3003-07.)  Whether married or unmarried, the rights of custody are the same.  California tries to promote “frequent and continuing contact with both parents”, consistent with the best interests of the child.

6.2        At what age are children considered adults by the court?

18 years old.  (Fam. Code, § 6501.)

6.3        What is the duration of children orders (up to the age of 16 or 18 or otherwise)?

Until the child turns 18 years old.  (Fam. Code, § 2010, subd. (b).) 

6.4        What orders can the court make in relation to children?  Does the court automatically make orders in relation to child arrangements in the event of divorce?

The court can make any custody order regarding a child, including setting a parenting schedule and making orders regarding the child’s health, education and welfare.  The court does not automatically make orders regarding a specific child in a specific case, but it makes generic automatic restraining orders that apply in every case, which restrain the parties, without court order or the consent of the other party, from removing a minor child from the State of California or from applying for a new passport for the minor child.  (Fam. Code, § 2040, subd. (a)(1).)

6.5        What factors does the court consider when making orders in relation to children?

California courts make custody orders in the best interests of the child.  In so doing, courts consider the totality of circumstances in a case but give particular consideration to: the health, safety and welfare of the child; frequent and continuing contact with both parents; any history of abuse; any history of drug or alcohol abuse; any history of mental illness; and the stability and continuity of custody arrangements.  (Fam. Code, §§ 3011, 3020.)  For a child who is at least 14 years old and wishes to address the court, the court must permit the child to do so; for a child under 14 years old, the court has discretion to allow the child to express his/her wishes.  (Fam. Code, § 3042.)

6.6        Without court orders, what can parents do unilaterally?  For example, can they take a child abroad?

With the cooperation and consent of the other parent, a parent can do practically anything.  Without the cooperation and consent of the other parent, a parent cannot take a child abroad.  When a divorce case is initiated, automatic restraining orders take effect, which restrain the parties from removing a minor child from California.  (Fam. Code, § 2040, subd. (a)(1).)

6.7        Is there a presumption of an equal division of time between separating or divorcing parents?

There is no presumption of an equal division of time per se.  However, California courts must try to ensure “frequent and continuing contacts between both parents”.  (Fam. Code, § 3020, subd. (b).)  This can mean – but does not necessarily have to mean – an equal division of time.  The issue is decided on a case-by-case basis. 

6.8        Are unmarried parents treated in the same way as married parents when the court makes orders on separation or divorce?

Yes, unmarried parents are treated in the same way as married parents when the court makes orders on separation or divorce.

6.9        Is a welfare report prepared by an independent professional or is the decision taken by the judge alone?  If so, does the child meet the judge?

It depends.  Judges certainly can make custody decisions on their own.  However, judges also have the discretion to order an independent child custody evaluation.  (Fam. Code, § 3111.)  If such an evaluation is ordered, the child will at least meet with the evaluator but not necessarily the judge.  If a child is at least 14 years old and wishes to address the court directly, then the court must permit the child to do so.  If a child is under 14 years old, then the court has discretion to allow (or not allow) the child to express his/her wishes.  (Fam. Code, § 3042.)

6.10      Is there separate representation for children in your jurisdiction and, if so, who would represent them, e.g. a lawyer?

The court may, in its discretion, appoint a private lawyer to serve as “minor’s counsel” for a child.  (Fam. Code, § 3150.)  This is not required.  

6.11      Do any other adults have a say in relation to the arrangements for the children, e.g. step-parents or grandparents or siblings?  What methods of dispute resolution are available to resolve disputes relating to children?

Under California’s Family Code, a step-parent may request visitation time with a minor child, but such visitation rights are secondary to the rights of birth parents.  (Fam. Code, § 3101.)  Furthermore, if allowed, step-parent visitation time may not conflict with a birth parent who is not party to the current proceeding.  (Fam. Code, § 3101, subd. (c).)

Under California’s Family Code, a grandparent may also request visitation time with a minor child.  (Fam. Code, §§ 3103, 3104.)  If either or both parents object to grandparent visitation, the court will give great deference to that objection, but it is not an absolute bar to grandparent visitation.  It helps for a preexisting bond between grandparent and grandchild to exist.  (Fam. Code, § 3104.)

California’s Family Code does not contain specific rules regarding sibling visitation.  However, California courts are generally empowered to order reasonable visitation to “any […] person having an interest in the welfare of the child”, which could include a sibling.  (Fam. Code, § 3100, subd. (a).)  In any event, if the siblings are minors, and if they are separated, the court likely will create a schedule that ensures their time with each parent overlaps as much as possible because California’s public policy is that “the sibling bond should be preserved whenever possible”.  (Marriage of Heath (2004) 122 Cal.App.4th 444, 449.) 

7. Children – International Aspects

7.1        Can the custodial parent move to another state/country without the other parent’s consent?

No.  Even if a parent has sole legal and physical custody, the right to change the child’s residence is subject to the power of the court.  (Fam. Code, § 7501.)

7.2        Can the custodial parent move to another part of the state/country without the other parent’s consent?

No.  (See question 7.1.) 

7.3        If the court is making a decision on relocation of a child abroad, what factors are taken into account?

In domestic relocation cases, California courts consider factors such as: the stability and continuity of the custodial arrangement; the distance of the move; the age of the child; the child’s relationship with both parents; the relationship between the parents, including their ability to communicate and cooperate and their willingness to put the child’s interests above their individual interests; the child’s wishes, if he/she is mature enough to make such an inquiry be appropriate; the reasons for the move; and the extent to which the parents currently are sharing custody.  (In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1101.)

In international relocation cases, in addition to the factors above, California courts also consider factors such as: the cultural conditions and practices in the foreign country; visitation difficulties because of the distance from California; and jurisdictional issues that may make enforcement of a California custody order problematic.  (In re Marriage of Condon (1998) 62 Cal.App.4th 533, 547.)

7.4        If the court is making a decision on a child moving to a different part of the state/country, what factors are taken into account?

See the LaMusga factors listed above (question 7.3). 

7.5        In practice, how rare is it for the custodial parent to be allowed to relocate internationally/interstate?

It is not uncommon. 

7.6        How does your jurisdiction deal with abduction cases?  For example, is your jurisdiction a party to the Hague Convention?

The Federal International Parental Kidnapping Crime Act (FIPKCA) makes it a federal crime (punishable by up to three years in prison) for anyone to “remove” or “retain” a child under 16 years old outside of the United States “with the intent to obstruct the lawful exercise” of parental custody or visitation rights.  (18 United States Code § 1204.)

On the civil side, the Hague Convention on International Child Abduction (Hague Convention) applies in California.  Of course, the Hague Convention only applies if the other jurisdiction at issue is also a signatory to the Convention. 

If a child is abducted into California from a non-Hague country, then the remedy is to invoke California’s Uniform Custody Jurisdiction and Enforcement Act (UCCJEA).  Under the UCCJEA, if a prior custody order was issued by the non-Hague country, then a party can apply to register and enforce that non-Hague custody order in California.  (See Fam. Code, § 3445.)  If a prior custody order has not been issued by the non-Hague country, then a party can request that the California court exercise “temporary emergency jurisdiction” over the child until a child custody order is issued by the non-Hague country.  (Fam. Code, § 3424.)  In that case, a child custody proceeding in the non-Hague country should be filed immediately.  The California court must, in turn, communicate with the court in the non-Hague country.  (Fam. Code, § 3424, subd. (d).) 

8. Family Law Overview

8.1        In your view, what are the significant developments in family law in your jurisdiction in the last two years and anticipated in the next year?

Perhaps the most significant developments in California family law over the last two years (and beyond) have been in the field of domestic violence.  The trend has been to expand the definition of “domestic violence” from narrow notions of abuse (bodily injury, sexual assault, etc.) to broader notions of abuse (“coercive control” and “disturbing the peace”).  Recently, the California Legislature has made it more difficult for respondents (those accused of domestic violence) to defend against abuse allegations.  Whereas before, some courts allowed respondents to conduct discovery as a matter of course, beginning in 2024, respondents must now make a formal request for discovery to the court, which can only grant that request upon a showing of “good cause.”  (Fam. Code, § 6309.)  If the request for discovery is denied, the respondent will be forced to defend himself/herself on very short notice with minimal investigation and preparation, and the ultimate outcome could have a deleterious impact on his/her rights to custody. 

8.2        To what extent and how has the court process and other dispute resolution methods for family law been adapted in your jurisdiction in light of the COVID-19 pandemic – e.g. virtual hearings, remote access, paperless processes?  Are any of these changes likely to remain after the COVID-19 crisis has passed?

One of the biggest changes during the COVID-19 pandemic was the adaptation to remote videoconference proceedings.  Beforehand, most proceedings were held in-person.  Videoconference proceedings were rare.  During the pandemic, they became the norm.  High-stakes hearings, mediations, depositions and even live court testimony were all conducted through videoconference technology.  Society has reopened, and so have the courts.  In-person proceedings are returning, but I believe videoconference proceedings are here to stay (in some form).  They are convenient (particularly for parties who live far away or who cannot physically attend court) and efficient.  Since judges themselves have become comfortable with the technology, they can now more easily accommodate requests for videoconference proceedings. 

8.3        What are some of the areas of family law that you think should be considered in your jurisdiction, i.e. what laws or practices should be reformed?

Consistent with the above (question 8.1), I believe California’s domestic violence laws should be considered for reform.  As mentioned, the definition of “domestic violence” has expanded broadly over time.  However, the impact of a domestic violence finding remains severe.  Notably, if a court finds that a party committed domestic violence within the past five years, a legal presumption arises that any form of custody to that party (even joint custody) is detrimental to the child.  (Fam. Code, § 3044.)  The severity of this is compounded by the fact that a respondent may not even be given an opportunity to meaningfully investigate the accusations.  This tends to lead to the weaponisation of California’s domestic violence laws.  Normal marital friction gets recharacterised as “abuse” in order to gain an advantage on the broader issue of custody.  Reforms in this area may be in order.  Perhaps courts can be given more discretion to flexibly apply (or not apply) the legal presumption against custody for respondents.  Or, at the very least, since the potential consequences of a domestic violence proceeding are severe (losing custody of a child and being branded a domestic abuser), it seems that fairness and due process dictate that respondents should be given some automatic right to discovery (even if limited) into the accusations.  Realistically speaking, the political will for such reforms likely is low since politicians are unlikely to pass legislation that appear to protect domestic violence respondents.

Steven K. Yoda is a Partner at Walzer Melcher & Yoda LLP, a premier family law firm based in Los Angeles, which specializes in complex, high-asset family law disputes.  Prior to joining the firm, Steve practiced for 10 years as a corporate and white-collar criminal litigator at some of California’s most prestigious law firms, where he represented clients in both state and federal court in a wide array of cases relating to business torts, insurance recovery, intellectual property, securities, antitrust, employment law and real estate.  He draws upon this diverse experience to offer exceptional representation in family law cases.  Steve is a California Certified Family Law Specialist and a Fellow of the International Academy of Family Lawyers (IAFL).  He serves on the Editorial Board of Family Advocate, a quarterly family law magazine published by the American Bar Association, and on the Executive Committee of the Family Law Section of the Los Angeles County Bar Association.  Steve is individually ranked as a leader in the field of family law by Chambers and Partners, and he regularly speaks and publishes on family law topics.  Steve is a graduate of Stanford University, where he received both his Bachelor’s and Master’s degrees.  He received his law degree from the UC Berkeley School of Law.  From 2004 to 2005, Steve served as a Federal Law Clerk to the Honorable James Ware, United States District Judge for the Northern District of California.

Walzer Melcher & Yoda LLP is a Los Angeles-based family law firm that has handled some of the largest divorce cases and premarital agreements in California.  We have represented extremely wealthy individuals, such as business owners, celebrities and executives.  Through years of experience handling these types of cases, we understand how to protect businesses and other property holdings in a divorce.

We handle family law appeals and writs in all of the Courts of Appeal in California and we prepare premarital agreements under California law for clients all over the world.  We also have in-depth knowledge of tax laws relating to divorce.  We are committed to resolving divorce cases by settlement.  When that cannot be achieved, we provide strong and effective representation at trial.  Our firm is a seven-lawyer team, all of whom are dedicated to the practice of California family law.  

Original PDF from iclg: Family Law 2025 Chapter 17