California Family Code

This code shall be known as the Family Code.

A provision of this code, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision of this code shall be deemed to include a refe…

A provision of this code, insofar as it is the same in substance as a provision of a uniform act, shall be construed to effectuate the general purpose to make uniform the law in those states which enact that provision.

(a) As used in this section: (1) “New law” means either of the following, as the case may be: (A) The act that enacted this code. (B) The act that makes a change in this code, whether effectuated by amendment, addition, or repeal of a provision of this code. (2) “Old law” means the applicable law in effect before the o…

Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.

Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.

Whenever a reference is made to a portion of this code or to another law, the reference applies to all amendments and additions regardless of when made.

Unless otherwise expressly stated: (a) “Division” means a division of this code. (b) “Part” means a part of the division in which that term occurs. (c) “Chapter” means a chapter of the division or part, as the case may be, in which that term occurs. (d) “Article” means an article of the chapter in which that term occur…

The present tense includes the past and future tenses, and the future, the present.

The singular number includes the plural, and the plural, the singular.

A reference to “husband” and “wife,” “spouses,” or “married persons,” or a comparable term, includes persons who are lawfully married to each other and persons who were previously lawfully married to each other, as is appropriate under the circumstances of the particular case.

“Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory.

If a provision or clause of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.

“Child for whom support may be ordered” means a minor child and a child for whom support is authorized under Section 3587, 3901, or 3910.

“Community estate” includes both community property and quasi-community property.

“Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4.

“County” includes city and county.

(a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse the intent to end the marriage. (2) The conduct of the spouse is consistent with the intent to end the marriage. (b) I…

“Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified unde…

“Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support.

“Income and expense declaration” means the form for an income and expense declaration in family law matters adopted by the Judicial Council.

“Judgment” and “order” include a decree, as appropriate under the circumstances.

“Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.

“Proceeding” includes an action.