Family Law
The Family Law Division handles cases involving marital and domestic partnership relationships, parent-child relationships, and instances of violence between family members.
The Family Law Division manages the following legal matters:
- Divorce (Dissolution), Legal Separation, Nullity
- Establishing Parental Relationship (Paternity), Petitions for Custody and Support
- Child Custody and Visitation
- Child Support, Spousal Support, and Family Support
- Division of Marital Property
- Domestic Violence Restraining Orders
- Child Support Actions involving the Department of Child Support Services
Case Types
Parties alleging domestic violence may file for a Domestic Violence Restraining Order. See the Restraining Orders page for additional information.
A Dissolution of Marriage or Registered Domestic Partnership is a legal action that ends a marriage or registered domestic partnership.
- Residency Requirement: To file for divorce in California, you or your spouse/partner must have lived in California for at least six months and in the county where you file for at least three months.
- No "Fault" Required: California does not require proof of "fault" to obtain a divorce. Neither spouse/partner has to prove guilt or innocence.
- Mutual Agreement Not Required: It is not necessary for both parties to agree to end the relationship. One spouse or partner cannot force the other to remain in the relationship.
- Timeline: It takes a minimum of six months from the date the divorce papers are served to the other party for a divorce to be finalized. However, the divorce is not automatic at the end of six months. At least one spouse/partner must complete the required legal steps and obtain a written judgment.
For more information about dissolutions, visit the California Courts' Self-Help page on Divorce in California.
A Legal Separation is a legal action filed by a married person or domestic partner who wishes to remain married or in the domestic partnership but also seeks to resolve issues such as child custody, child and spousal support, and property division.
- Residency Requirements: There are no residency requirements for obtaining a Legal Separation.
- Transition to Divorce: Sometimes, a person files for a legal separation because they do not yet meet the residency requirements for filing for divorce. Once the residency requirements are met, the legal separation can be amended to a divorce (Dissolution).
- Reasons for Legal Separation: Some individuals choose legal separation for religious reasons or to retain medical insurance benefits for a spouse or partner.
For more information about legal separations, visit the California Courts' Self-Help page on Legal Separation.
A Nullity of Marriage or Domestic Partnership (Annulment) is a legal action that determines a marriage or domestic partnership is not legally valid. An annulment restores both parties to the status of single individuals, as though the marriage or partnership never occurred.
- Conditions for Annulment: Specific conditions must be met for an annulment to be granted.
- Burden of Proof: The person filing for the annulment must prove to the court that one or more of the conditions for annulment have been satisfied.
- Residency Requirements: There are no residency requirements for filing an annulment.
For more information about annulments, visit the California Courts' Self-Help page on Annulment.
This action allows a married couple to end their marriage through a simplified process known as Summary Dissolution. This option is very limited and can only be used if the following requirements are met:
- The couple has been married for less than five (5) years as of the date the action is filed.
- There are no children born or adopted during the marriage, and neither party is pregnant at the time of filing.
- Neither party has any ownership interest in real estate.
To proceed, both parties must jointly complete and sign the necessary paperwork and file the originals with the court. After a six (6)-month waiting period, either party can file the document to officially end the marriage.
For more information about summary dissolutions, visit the California Courts' Self-Help page: Find our if you qualify for summary dissolution.
To obtain or modify family support orders, establish parentage, or enforce existing family support orders, the Department of Child Support Services is available to assist you.
Plumas County Department of Child Support Services
522 Lawrence Street
Quincy, CA 95971
(866) 901-3212
Many types of cases involve the custody, support, and visitation of children, including Dissolution or Separation, Parentage, Custody, and Domestic Violence cases. The Court's goal is to ensure that children spend time with both parents, are supported by both parents, and have a parenting plan that serves their best interests.
To support these goals, the Court orders all parties to contact Family Court Services to participate in Good Faith Mediation. The Court will not make a permanent order regarding custody or visitation with the parties participating in good faith to mediate their differences.
This is also referred to as a "parentage" or "paternity" case. A paternity case is a legal action filed by an unmarried mother or father to establish the legal parentage of a child or children. Unmarried parents must first establish paternity to obtain child support, custody, or visitation orders.
For more information on paternity, visit the California Courts' Self-Help page on Parentage in California.
A minor may petition the Court for a declaration of emancipation if they are at least 14 years old, are willingly living separately from their parents, and are managing their own personal financial affairs.
For additional information, visit the California Courts' Self-Help page on Emancipation in California.
Family Law Services
-
Family Court Services
Family Court Services (FCS) offers mediation services and is able to help fill out paperwok and make referrals. These services may either be provided on a voluntary basis or are court ordered.
-
California Courts Self-Help
California Courts Online Self-Help Guide - Resources and information to help you navigate your court case, including step-by-step guides for following procedures and help with understanding your options.
-
Family Law Facilitator
The Family Law Facilitator is a free service provided to self-represented litigants in the community assisting them with procedural information, reviewing forms, preparing judgements and orders, and more.