DIVISION 1. PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185.]

Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 1–185 · 41 sections

1. PART 1. PRELIMINARY PROVISIONS §§ 1–13 · 13 sections

   • § 1 This code shall be known as the Family Code.
   • § 2 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…
   • § 3 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…
   • § 4 (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…
   • § 5 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this code.
   • § 6 Unless the provision or context otherwise requires, the general provisions and rules of construction in this part govern the construction of this code.
   • § 7 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.
   • § 8 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)…
   • § 9 The present tense includes the past and future tenses, and the future, the present.
   • § 10 The singular number includes the plural, and the plural, the singular.
   • § 11 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…
   • § 12 “Shall” is mandatory and “may” is permissive. “Shall not” and “may not” are prohibitory.
   • § 13 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…
2. PART 2. DEFINITIONS §§ 50–155 · 23 sections

   • § 50 Unless the provision or context otherwise requires, the definitions and rules of construction in this part govern the construction of this code.
   • § 58 “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.
   • § 63 “Community estate” includes both community property and quasi-community property.
   • § 65 “Community property” is property that is community property under Part 2 (commencing with Section 760) of Division 4.
   • § 67 “County” includes city and county.
   • § 70 (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)…
   • § 80 “Employee benefit plan” includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and…
   • § 92 “Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the…
   • § 95 “Income and expense declaration” means the form for an income and expense declaration in family law matters adopted by the Judicial Council.
   • § 100 “Judgment” and “order” include a decree, as appropriate under the circumstances.
   • § 105 “Person” includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity.
   • § 110 “Proceeding” includes an action.
   • § 113 “Property” includes real and personal property and any interest therein.
   • § 115 “Property declaration” means the form for a property declaration in family law matters adopted by the Judicial Council.
   • § 125 “Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the…
   • § 126 “Petitioner” includes plaintiff, where appropriate.
   • § 127 “Respondent” includes defendant, where appropriate.
   • § 130 “Separate property” is property that is separate property under Part 2 (commencing with Section 760) of Division 4.
   • § 142 “Spousal support” means support of the spouse of the obligor.
   • § 143 “Spouse” includes “registered domestic partner,” as required by Section 297.5.
   • § 145 “State” means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the…
   • § 150 “Support” refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. It also includes past due…
   • § 155 “Support order” means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission,…
3. PART 3. Indian Children §§ 170–185 · 5 sections

   • § 170 (a) As used in this code, unless the context otherwise requires, the terms “Indian,” “Indian child,” “Indian child’s tribe,” “Indian custodian,” “Indian…
   • § 175 (a) The Legislature finds and declares the following: (1) There is no resource that is more vital to the continued existence and integrity of recognized Indian…
   • § 177 (a) In an Indian child custody proceeding, the court shall apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and…
   • § 180 (a) In an Indian child custody proceeding notice shall comply with subdivision (b) of this section. (b) Any notice sent under this section shall be sent to the…
   • § 185 (a) In a custody proceeding involving a child who would otherwise be an Indian child based on the definition contained in paragraph (4) of Section 1903 of the…