Family law comes with its own vocabulary, and most people encounter it for the first time at the worst possible moment — in the middle of a divorce, a custody dispute, or a conversation about their aging parents' estate. Terms get thrown around in court documents, mediation sessions, and conversations with attorneys as if everyone already knows what they mean.
This glossary breaks down the terms that come up most often in California family law and estate planning, in plain English, organized by topic so you can jump to what's relevant to you.
Divorce & Property Terms
Community Property Under California law, most property and debt acquired by either spouse during the marriage, regardless of whose name is on the account or title. Community property is generally divided equally in a divorce. This is one of the most-searched terms in California family law, and understanding it is the starting point for almost every property division conversation.
Separate Property Property owned before the marriage, or received individually during the marriage as a gift or inheritance. Separate property generally isn't divided in a divorce, though it can become "commingled" with community property over time, which is where disputes often arise.
Date of Separation The legal date the marriage ended for financial purposes, even if the divorce isn't finalized until much later. Income earned and debt incurred after this date is generally treated as separate property, making this date a frequent point of disagreement in contested cases.
Legal Separation A court process similar to divorce that divides property, addresses support, and sets custody arrangements, but does not legally end the marriage. Some couples choose this over divorce for religious, insurance, or financial reasons.
Annulment A legal declaration that a marriage was never valid in the first place, as opposed to divorce, which ends a valid marriage. Annulments in California are granted only under specific, narrow circumstances, such as fraud, bigamy, or one spouse being underage without consent.
Automatic Temporary Restraining Orders (ATROs) A standard set of restrictions that go into effect automatically the moment a divorce petition is filed in California, preventing either spouse from transferring assets, changing insurance beneficiaries, or taking certain other unilateral actions while the case is pending.
Uncontested Divorce A divorce in which both spouses agree on all major issues, including property division, support, and custody, allowing the case to proceed without a trial. This is typically faster and less expensive than a contested divorce.
Custody & Parenting Terms
Legal Custody The right to make major decisions about a child's upbringing, including education, healthcare, and religious upbringing. Legal custody can be joint (shared by both parents) or sole (held by one parent).
Physical Custody Where a child actually lives and spends time. Like legal custody, this can be joint or sole, and is separate from the legal decision-making authority described above — a common point of confusion for parents new to the process.
Parenting Plan A written agreement or court order outlining custody arrangements, visitation schedules, holiday plans, and how parents will make decisions about their child going forward.
Guardian ad Litem (GAL) A person appointed by the court to represent a child's best interests in a custody case, separate from either parent's interests. Not every case involves a GAL, but understanding the role matters if one is appointed in yours.
730 Evaluation A court-ordered psychological evaluation, named after the California Evidence Code section that authorizes it, used in contested custody cases to help the court understand family dynamics and make custody recommendations.
UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) The law that determines which state has jurisdiction over a custody case when parents live in different states, and governs how custody orders are enforced across state lines.
Move-Away Order A court order addressing whether a parent with custody can relocate with a child to a location that would significantly affect the other parent's visitation or custody time.
Support Terms
Child Support Court-ordered payments from one parent to the other to help cover a child's living expenses, calculated in California using a statewide guideline formula based on both parents' incomes and custodial timeshare.
Spousal Support (Alimony) Court-ordered payments from one spouse to the other following separation or divorce, intended to help the lower-earning spouse maintain a reasonable standard of living. Often called "alimony" outside of California, though state statutes use "spousal support."
Guideline Support The standardized formula California courts use to calculate child support based on both parents' incomes, timeshare, and other statutory factors, as opposed to a support amount the parties negotiate independently.
Imputed Income Income a court assigns to a parent based on their earning capacity, rather than their actual reported income, typically used when a court believes a parent is voluntarily underemployed or unemployed to reduce a support obligation.
Material Change in Circumstances The legal standard required to modify an existing support or custody order. Courts generally won't revisit a final order unless there's been a substantial and ongoing change since it was issued.
Domestic Violence & Restraining Order Terms
Domestic Violence Restraining Order (DVRO) A court order protecting someone from abuse, threats, or harassment by a person with whom they have a close relationship, such as a spouse, co-parent, or family member. Can include stay-away provisions, custody terms, and a requirement that the restrained person move out of a shared home.
Emergency Protective Order (EPO) A short-term protective order, typically lasting 5 to 7 days, that can only be requested by law enforcement, usually issued at the scene of a domestic violence incident before a formal court hearing can be scheduled.
Move-Out (Kick-Out) Order A provision within a restraining order requiring the restrained person to leave a shared residence, generally granted only where abuse or a credible safety concern has been shown to the court.
Civil Standby A service in which police officers accompany someone to a location, such as a shared residence, to keep the peace while they retrieve belongings or otherwise safely handle a specific situation.
Estate Planning Terms
Revocable Living Trust A legal arrangement allowing a person to place assets into a trust during their lifetime, which they can modify or revoke at any time, generally used to avoid probate and simplify the transfer of assets after death.
Power of Attorney A legal document authorizing someone else to make financial or legal decisions on your behalf, typically used in the event of incapacity, and one of the most commonly searched estate planning terms by people not yet at retirement age.
Advance Health Care Directive A document naming someone to make medical decisions on your behalf if you're unable to, and stating your own wishes about treatment and end-of-life care.
Probate The court-supervised process of distributing a deceased person's assets according to their will, or according to state law if there is no will. Probate can be time-consuming and public, which is a primary reason many people set up a trust to avoid it.
Conservatorship A court-supervised arrangement in which someone is appointed to manage the personal or financial affairs of an adult who can no longer manage them independently, often due to a condition like advanced dementia.
Special Needs Trust A trust designed to provide for a person with disabilities without disqualifying them from means-tested government benefits like Medi-Cal or SSI, often set up as part of a divorce or estate plan involving a child or family member with special needs.
Common Acronyms
QDRO (Qualified Domestic Relations Order) — A special court order used to divide retirement accounts like 401(k)s and pensions in a divorce without triggering early withdrawal penalties. Extremely high search volume, especially paired with "divorce."
RFO (Request for Order) — The formal court form used to ask a judge to make or change an order — for custody, support, or nearly anything else in a family law case. Anyone who's been told to "file an RFO" searches this immediately.
TRO (Temporary Restraining Order) — A short-term protective order issued before a full court hearing. Distinct from a DVRO, which is the longer-term order that can follow it.
MSA (Marital Settlement Agreement) — The written agreement spouses sign that resolves their divorce terms, which becomes part of the final judgment.
CPS / CWS (Child Protective Services / Child Welfare Services) — California uses "CWS" officially, but "CPS" is what most people search. Worth including both since they're used interchangeably by the public.
WIC 300 (Welfare and Institutions Code Section 300) — The statute that allows the state to open a juvenile dependency case over child safety concerns. Frequently searched by parents who've just been served a petition and have no idea what "WIC 300" means.
DCSS (Department of Child Support Services) — The state agency that establishes and enforces child support orders outside of a private attorney's involvement.
ADR (Alternative Dispute Resolution) — An umbrella term covering mediation, collaborative divorce, and arbitration as alternatives to litigation.
POA (Power of Attorney) — Worth adding the acronym itself as a headword, since "POA" alone is searched as often as the full term.
PC 273.5 — The California Penal Code section for corporal injury on a spouse or cohabitant, often searched by people trying to understand a domestic violence charge connected to their family law case.
Why These Terms Matter Beyond Just Definitions
Understanding this vocabulary does more than help you follow along in a conversation with your attorney. Many of these terms represent the exact language people search for online when they're trying to understand what's happening in their own situation — often before they've decided to contact an attorney at all. Recognizing the right term for your circumstances is frequently the first step toward finding the right kind of help.
Minella Law Group Can Help
Legal jargon shouldn't stand between you and understanding your own situation. If you're facing a divorce, custody matter, or estate planning decision and want to know exactly where you stand, our attorneys can walk you through it in plain language.
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized guidance on your situation, contact a licensed California family law attorney.
