As California continues to refine its family law landscape, several new laws are set to take effect in 2025 and 2026. These updates address key issues such as joint dissolution petitions, support for children with disabilities, domestic violence protections, and firearm regulations. Below is an in-depth analysis of these significant updates and their implications for families and family law practitioners.
Streamlining Marital Dissolution Procedures
Streamlined Divorce with Joint Petitions (SB 1427)
Effective Date: January 1, 2026
Amends: Family Code Sections 2330, 2331, 2342,
2401, and 2402; Adds Family Code Sections 2342.5 and 2342.51
California's introduction of a streamlined process for dissolution of marriage or legal separation allows parties to file a joint petition for dissolution. This new procedure eliminates the need for one party to serve the other, as the act of filing the petition constitutes service. By reducing procedural barriers, this change is expected to minimize delays and conflicts in uncontested divorce cases. However, if either party files an amended petition or response, the joint petition process is revoked, reverting to the traditional system requiring separate filings. More importantly, discovery rights and motions remain unaffected under this streamlined approach, ensuring parties retain their legal safeguards during the process. This legislation reflects California's focus on simplifying family law procedures without compromising fairness.
Protecting Support for Children with Disabilities
Special Needs Trusts for Child Support (AB 2397)
Effective Date: January 1, 2025
Amends: Family Code Section 3910
Under this amendment, courts may direct child support payments for children with disabilities into a special needs trust. This measure ensures that child support payments do not count as income for Supplemental Security Income (SSI) eligibility, aligning with federal guidelines and safeguarding essential benefits for disabled children. By establishing this option, California enhances financial protections for vulnerable children and provides parents with a clear mechanism to preserve benefits while fulfilling support obligations. Attorneys should be prepared to advise clients on how to establish and manage these trusts to ensure compliance and maximize benefits for their children.
Enhanced Domestic Violence Protections
Ex Parte Protective Orders (AB 2024)
Effective Date: January 1, 2025
Amends: Family Code Section 6300
Effective January 1, 2025, Courts will be prohibited from denying protective orders under the Domestic Violence Prevention Act (DVPA) based solely on incomplete or minor clerical errors on Judicial Council forms. This amendment addresses a common barrier faced by survivors who encounter delays due to technical errors in their filings. By mandating that courts accept properly documented petitions, the law ensures that survivors receive timely protection. Legal practitioners should encourage their clients to provide complete and accurate information, but can now reassure clients that minor mistakes will not preclude relief.
Simplified Restraining Order Modifications (SB 459)
Effective Date: January 1, 2025
Amends: Family Code Section 6345
The Judicial Council is tasked with creating simplified forms for modifying existing restraining orders. This change streamlines the process for victims who seek to extend or alter their protective orders, reducing procedural burdens and ensuring swift access to enhanced protections. This development underscores California's commitment to removing obstacles that prevent survivors from maintaining their safety.
Firearms and Custody Decisions
Firearms and Ex Parte Custody Orders (AB 3072)
Effective Date: January 1, 2025
Amends: Family Code Sections 3064 and 3100
Courts must now consider illegal firearm possession and associated risks when issuing ex parte custody orders. This includes assessing whether limiting or suspending visitation is necessary for the child's safety. Parties requesting these protections must demonstrate immediate harm to the child or a risk of removal from the state. This amendment enhances the court's ability to prioritize the safety and well-being of children in custody disputes, particularly in high-risk cases involving firearms. Practitioners should ensure that relevant evidence is clearly presented to substantiate claims of harm or risk.
Firearm Relinquishment Exemptions (AB 2759)
Effective Date: January 1, 2026
Amends: Family Code Section 6389
New, stricter guidelines govern exemptions for firearm relinquishment under the DVPA. Courts must determine, by a preponderance of the evidence, whether the responding party poses a risk to protected parties or the public. For sworn peace officers, courts must find that their safety depends on retaining their firearm outside of work hours and that they do not pose a heightened threat. For other individuals, courts retain discretion to order psychological evaluations to assess the risk. These changes aim to balance public safety concerns with occupational requirements for firearm possession.
Firearm Ownership Checks in DV Cases (AB 3083)
Effective Date: January 1, 2025
Amends: Family Code Section 6306
Courts are now required to search the Department of Justice Automated Firearms System before issuing or denying domestic violence protective orders. This mandatory check ensures that individuals subject to protective orders are not in possession of firearms, reinforcing safety measures for survivors. Legal representatives should consider this automatic review when advising clients on the likely outcomes of protective order requests.
Expanded Domestic Violence Filing Jurisdiction (SB 554)
Effective Date:January 1, 2025
Amends:Family Code Section 6301
Survivors of domestic violence can now file for restraining orders in any California superior court, regardless of their residency. This expanded jurisdiction provides greater flexibility for survivors who may be temporarily residing in different locations due to safety concerns. Legal representatives should advise clients about potential complications if other orders exist in a different county, but can assure them of the broader filing options now available.
Jurisdiction Transfers in Family Law Cases (AB 3281)
Effective Date: January 1, 2025
Amends: Family Code Section 17400; California Code
of Civil Procedure Section 397.5
Family law proceedings can now be transferred to the county where either party resides, extending this option beyond dissolution and separation cases. This change accommodates the realities of modern mobility and aims to reduce the burden on parties who have relocated. Legal representatives should assess whether jurisdictional transfers could benefit their clients and ensure compliance with procedural requirements.
Custody and Domestic Violence: Firearm Violations (SB 899)
Effective Date: January 1, 2026
Amends: Family Code Sections 3044 and 6389
Under the amended Cal. Family Code § 3044, courts can now consider violations of firearm restrictions when determining custody arrangements in cases involving domestic violence. This reinforces the presumption against granting custody to individuals who have committed domestic violence and violated firearm-related statutes. Legal practitioners should prepare to address these violations in custody disputes to advocate for the safety and best interests of the child.
These updates to California's family law framework reflect an ongoing commitment to efficiency, accessibility, and safety for all parties. Legal practitioners and families alike should familiarize themselves with these changes to navigate this evolving landscape with ease.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
