Do Placer Family Courts Use Case Law From Around The Country?

by | May 8, 2013 | Firm News |

If you are currently undergoing a Placer county divorce, you may be wondering if the Placer County courts use case law from around the country in making decisions.  In general, Placer County judges use and apply California law.  The primary authority for Placer County judges is the California Family Code.  The family code details how the court should rule in divorce, child custody, support, and property division cases.

Also of importance are court decisions issued by the California Supreme Court and the California Appeals Courts.

  These decisions are circumstances where the court has been forced to apply confusing or arguable points by interpreting the meaning of the Family Code statute.  These courts’ opinions in similar cases can be applied to the facts of your case and that’s why the Placer County judge will use them.

In rare cases, there is no applicable Family Code statute, and there is also no California court decision on point.  These cases of first impression may lead the court to rely upon persuasive legal authority from other states.  Placer County judges hesitate to reach out to foreign jurisdictions for legal guidance for fear of ignoring California law.  No judge wants to have their decision appealed and reversed by the appeals court or the California Supreme Court because they applied the wrong law.

If you are involved in a Placer County divorce case and believe you may have a unique issue of law, please give us a call.  We can help you understand the Placer County divorce process and advise you of your legal rights in a free half-hour attorney consultation.