The Family Court is a Court of limited jurisdiction. It does not involve all disputes between married persons. In general, the Family Court is limited to resolving issues of child custody, community property, child support, spousal support (alimony), attorney fees necessary for representation, and enforcement of orders and domestic violence prevention (restraining) orders. The Family Court also has jurisdiction over certain rare issues such as child support orders for disabled adult children.
Marvin claims for an alleged breach of contract between unmarried persons are not handled in the Family Court even if the parties to the contract subsequently marry. One good reason is these cases allow for jury trials which do not exist in California family courts. Similarly, tort actions between spouses (claims monetary damages for intentional or negligent physical injury of one spouse by the other) are handled in Civil Court instead of the Family Court.
If you have further questions about your specific case, please schedule a consultation with the Sacramento divorce attorneys at Hughes Law Group and we will be happy to discuss your best path forward.
