8 Surprising Stats About Family Law In California

Family law in California touches the lives of countless people every year, shaping outcomes in divorce, child custody, property division, and more. Whether you’re facing the challenges of a divorce or working through custody and support agreements, having a clear understanding of California’s family law system can make a significant difference. These eight surprising statistics highlight key aspects of family law in California, offering insight into how it may impact you.

If you’re dealing with a family law issue, connect with a California family lawyer at Modern Family Law to get the support and guidance you need.

1. Declining Divorce Rates

California’s divorce rate has been steadily declining since 2014. This trend aligns with the national decrease in divorce rates, reflecting changing societal attitudes toward marriage and family. Currently, 10.5% of women and 7% of men in California have been divorced.

With divorce rates on the decline, those going through the process may find themselves facing unique legal challenges, making it even more important to work with a trusted California family attorney, like those at Modern Family Law, to ensure their rights and interests are protected.

2. Custody Arrangements

In California, joint custody is the preferred arrangement, as it’s believed to be in the child’s best interest to maintain relationships with both parents. Joint custody can be legal, physical, or both, allowing parents to share decision-making and time with their children.

However, joint physical custody doesn’t necessarily mean a 50/50 split. According to Custody Exchange, California dads receive 32.8% of child custody time, which equates to about 120 days per year. Courts consider several factors when determining custody arrangements, including the child’s safety, stability, and well-being.

Sole custody is less common and typically granted only in cases where one parent is deemed unfit or poses a risk to the child’s safety. California law requires judges to consider all relevant circumstances, including the child’s preference, if they’re mature enough to express it. While parents can agree on custody arrangements, the court must approve the agreement to ensure it serves the child’s best interests.

This impacts those who are going through family law challenges by requiring them to demonstrate cooperation and effective communication, as joint custody is favored. Parents must be prepared for potential court involvement in approving or modifying custody agreements, even when they reach an agreement outside of court. Understanding the distinction between legal and physical custody is essential for parents to know their rights and responsibilities.

Flexibility is key, as custody arrangements may need to be adjusted over time to accommodate changing circumstances. A parent’s prior alcohol or drug use, on its own, may not be enough to award sole custody to the other parent. California law focuses more on habitual or continual abuse rather than occasional use when making custody decisions.

In cases of domestic violence, courts are unlikely to award joint custody to the abuser, as there’s a strong presumption against it. This underscores the importance of maintaining a safe and stable environment for children during custody proceedings.

3. Spousal Support Calculations

Spousal support, also known as alimony, is an important aspect of many divorce cases in California. While there is no specific “average” amount for spousal support payments, as each case is unique, some general guidelines and trends can be observed.

In California, spousal support is not automatically awarded in every divorce case. One spouse must request it, and if the other spouse disagrees, a judge will make a determination based on various factors. The frequency of spousal support awards depends on the specific circumstances of each case, including the length of the marriage, the earning power of each spouse, and the standard of living established during the marriage.

When spousal support is awarded, California courts often use a formula as a starting point for calculating temporary support. One common formula is 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income.

For example, if one spouse earns $6,000 per month and the other earns $3,000 per month, temporary spousal support might be calculated as $900 per month (40% of $6,000 = $2,400; 50% of $3,000 = $1,500; $2,400 – $1,500 = $900).

This formula is typically used for temporary support during the divorce proceedings. Long-term or “permanent” spousal support is determined based on a more comprehensive set of factors outlined in California Family Code Section 4320.

4. Community Property Division

As one of nine community property states, California generally splits marital assets 50-50. However, this doesn’t always result in an exact equal division. Courts aim for a fair distribution, considering factors such as each spouse’s economic circumstances and contributions to the marriage.

5. Child Support Payments

While there is no single “average” amount that applies to all cases, estimates suggest that the typical monthly child support payment for one child in California falls between $400 and $800, with an average of around $600.

California uses a guideline formula to calculate child support, which considers the income of both parents, the amount of time each parent spends with the child, tax deductions and other expenses, the number of children, and health care and childcare costs. The basic formula used is CS = K(HN – H%)(TN), where CS is the child support amount, K is the combined total of both parents’ income, HN is the high earner’s net monthly disposable income, H% is the percentage of time the high earner has physical custody, and TN is the total net monthly disposable income of both parents.

While online calculators exist, they may not provide accurate estimates due to the complexity of the new guidelines. For the most accurate assessment of potential child support payments, it’s advisable to consult with a qualified California family law attorney at Modern Family Law, who can take into account all relevant factors specific to your case. The updated law reflects California’s ongoing commitment to ensuring fair and adequate support for children while balancing the financial responsibilities of both parents.

6. Impact Of Domestic Violence

Domestic violence significantly impacts child custody and divorce cases in California. Under Family Code § 3044, there’s a rebuttable presumption against awarding custody to a parent who has committed domestic violence within the past five years. This applies to both sole and joint custody decisions.

A Domestic Violence Restraining Order (DVRO) can result in temporary custody arrangements, often granting the protected parent sole physical and legal custody. The restrained parent may face restricted visitation rights, typically supervised, or in some cases, no visitation at all.

California courts prioritize the child’s safety and well-being in custody decisions. The restrained parent must provide substantial evidence to overcome the presumption against custody. Factors considered include completion of batterer’s treatment programs, substance abuse counseling, and parenting classes.

In divorce cases, domestic violence can influence property division and spousal support decisions. California has also expanded its definition of domestic violence to include “coercive control,” broadening the scope of protection available to victims.

7. Remarriage & Blended Families

In California, remarriage and blended families are becoming more common, mirroring national trends. About 16% of children in the U.S. live in households with a stepparent, stepsibling, or half-sibling.

California’s family laws address the unique dynamics of blended families, especially regarding stepparents’ roles. Typically, stepparents don’t have automatic legal rights over their stepchildren. This means they can’t make major decisions about the child’s education or healthcare unless they’ve legally adopted the child.

However, stepparents can request visitation rights. Under California Family Code §3100, they can petition the court if it’s in the child’s best interest. The court considers factors like the relationship between the stepparent and stepchild and how visitation would affect the child.

For stepparents seeking full parental rights, adoption is an option. This process requires consent from both biological parents unless a non-custodial parent’s rights have been terminated due to reasons like abandonment. Once the adoption is complete, the stepparent gains all legal rights and responsibilities of a biological parent.

8. Adoption & Foster Care

In fiscal year 2022, California finalized 5,657 adoptions, reflecting the state’s commitment to providing permanent homes for children in need. The adoption process in California involves several steps, including the termination of parental rights, home studies, and court approvals. The state facilitates various types of adoptions, such as agency adoptions, independent adoptions, and intercountry adoptions, each with specific legal requirements and procedures.

Children in California’s foster care system often face multiple placements; 15% of those in care for 24 months or longer experience five or more placements. This instability can affect their emotional and psychological well-being, making the pursuit of permanent adoption placements extremely important.

For individuals involved in adoption or foster care cases, you need to understand the legal procedures and available resources. Consulting with a California family law attorney from Modern Family Law can provide you with guidance tailored to your specific situation.

Conclusion

Understanding the intricacies of family law in California is crucial for navigating your legal journey effectively. The surprising statistics presented in this article illuminate various aspects of how divorce, custody, and spousal support are handled within the state. By familiarizing yourself with these insights, you can approach your situation with a better grasp of the possible outcomes and considerations.

Modern Family Law

Modern Family Law is dedicated to guiding you through the complexities of California family law. Our skilled attorneys are well-versed in the nuances of handling family law cases in California, providing personalized support to protect your rights and achieve the best possible results. Whether you are dealing with divorce, custody issues, or other family law matters, our team is here to assist you every step of the way. Visit our website or reach out directly to benefit from our expertise in California family law.