California’s family court system handles legal disputes involving families, including divorce, child custody, child support, and domestic violence restraining orders. The process typically involves filing a petition, exchanging financial and case information, attending mediation or court hearings, and, in some cases, proceeding to trial before a judge who issues final orders.
What Cases Does Family Court Handle?
Family court in California is a division of the California Superior Court, and each county has its own family law department. In San Diego, cases are heard at multiple courthouse locations, including the Central Courthouse at 1100 Union Street. The San Diego Superior Court’s family division handles matters such as the following:
- Divorce and legal separation: Dissolution of marriage proceedings that divide assets, assign support, and resolve custody.
- Child custody and visitation: Disputes over physical and legal custody, parenting plans, and time-sharing schedules.
- Child and spousal support: Orders establishing how much one party pays and for how long.
- Domestic violence restraining orders: Protective orders that restrict contact and may affect custody.
- Parentage cases: Establishing legal parentage, sometimes called paternity actions.
- Domestic partnership dissolutions: Legal endings of registered domestic partnerships, following a process similar to divorce, but with specific procedural requirements.
- Enforcement and modification: The court hears petitions relating to existing orders that the court issued, including modifying and enforcing those orders.
Each case follows a different procedural path, though all involve filing official court forms, serving the other party, and attending hearings before a family court judge.
How Does a Family Law Case Start?
Most family court cases begin when one party files a petition with the court. In a divorce, for example, one spouse files a Petition for Dissolution of Marriage (Form FL-100). The other spouse then has 30 days to file a response. If the responding party does not respond, the court can enter a default judgment.
After filing, both parties typically exchange financial disclosures. This step is legally required in divorce cases and is meant to give the court and both sides a complete picture of income, assets, and debts. Skipping or delaying this step can stall your case significantly. From there, the case moves toward resolution through agreement, mediation, a settlement conference, or trial.
What Makes San Diego Family Court Unique?
San Diego County has some procedural differences that are worth knowing before you walk into a courtroom. One of the most important involves child custody mediation.
When custody is disputed, both parents are required to attend a mediation session through Family Court Services (FCS) before any custody hearing. This is standard across California. What makes San Diego different is that if the parents do not reach an agreement, the FCS counselor will write a report and submit it directly to the judge. That report carries significant weight.
Because the FCS counselor’s report is submitted directly to the judge, preparation for mediation can be important. San Diego family law cases are also governed by local court rules that cover everything from hearing continuances to document exchange timelines before a mandatory settlement conference. A mandatory settlement conference is a court-scheduled meeting where both sides and their attorneys attempt to resolve remaining issues before the case proceeds to trial.
What Happens at a Family Court Hearing?
Family court hearings range from brief status conferences to multi-day trials. Early hearings often address temporary orders, meaning short-term arrangements for custody or support while the case is ongoing. These temporary orders matter because they tend to set a pattern that courts are reluctant to change without good reason.
At a hearing, each party or their attorney has the opportunity to present arguments, submit evidence, and respond to the other side. If the case goes to trial, the process becomes more formal. Witnesses may testify, evidence is submitted, and attorneys make arguments. The judge then issues a judgment that becomes a legally binding court order. Having an attorney with significant courtroom experience at this stage can make a meaningful difference in how your case is decided.
How Long Does a Family Court Case Take?
Timelines vary widely based on the type of case and whether the parties can agree on key issues. California law requires a mandatory six-month waiting period before a divorce can be finalized, starting from the date the other party is served. An uncontested divorce can sometimes be completed close to that six-month mark.
Contested custody or divorce cases often take longer, sometimes a year or more, especially when the case proceeds to trial. Common factors that extend timelines include:
- Custody disagreements: Disputes over parenting plans, physical custody, or decision-making authority.
- High-value marital assets: Cases involving real estate, business interests, or retirement accounts.
- Support disputes: Disagreements over the amount or duration of spousal or child support.
- Disclosure delays: One party failing to produce required financial documents on time.
Ultimately, while some family court matters resolve within months, others require patience and preparation.
Talk to Our San Diego Family Law Attorneys Today
Family court can feel overwhelming, especially if it’s your first time going through the system. The Law Office of Kevin Lemieux, APC has guided San Diego families through divorce, custody, support, and additional family law matters since 2003. Kevin Lemieux is a Child Welfare Law Specialist with significant trial appearances in San Diego family court, giving him a depth of firsthand experience serving families in complex cases.
If you have questions about your case, we offer free consultations. Call (619) 488-6767 or contact us online to speak with our team.
Get help today from an experienced family lawyer at the Law Office of Kevin Lemieux. Contact our experienced team to schedule your free consultation.
We proudly serve clients in San Diego, Seattle, and throughout California. Visit our offices at:
Law Office of Kevin Lemieux
2221 Camino del Rio S STE 308,
San Diego, CA 92108, United States
Phone: (619) 257-5055
