2025 Legislative Update-New Laws

by Shanon Quinley, CFLS

Effective January 1, 2026

Spousal Support

SB 711 Taxation: federal conformity. 

Aligns conflicting state tax law with federal tax law. Repeals the spousal support deduction previously allowed for the payor who paid support pursuant to a divorce or separation agreement.

Domestic Abuse

AB 1363 Protective orders: Wyland’s Law.

Subject to an appropriation by the Legislature, authorizes the establishment of an automated protected person information and notification system to provide a petitioner or a protected person in a DVRO case with automated access to information about their case, including records relating to transmission of the RO to law enforcement, service on Respondent, and Respondent’s violation of firearm purchase restrictions.

SB 50 Connected devices: device protection requests.

Expanded the definition of conduct that disturbs the peace of the other party to include conduct committed through the use of an internet connected device (doors, speakers, thermostats, lights, cameras, etc.). Requires an account manager, within 2 business days of receiving a device protection request from a survivor of abuse, to terminate or disable the perpetrator’s access to the connected device or user account.

AB 2759 (2023-2024 session) Domestic violence protective orders: possession of a firearm.

Revised the peace officer exemption to the firearm restriction and requires a court to additionally find that the peace officer’s personal safety depends on the ability to carry the firearm outside of scheduled work hours and they do not pose an additional threat of harm to a protected party or the public. Requires a mandatory psychological evaluation of the peace officer to be conducted by a mental health professional with domestic violence expertise and requires the court to consider the results of that evaluation.

Child Custody

AB 1375 Consideration when determining child custody: human trafficking. 

Requires a court to consider any evidence that a parent has caused human trafficking of the child or other parent when determining the best interest of the child in a child custody proceeding.

Dependency

AB 373 Dependency proceedings; counsel.

Requires appointed counsel representing nonminor dependents to represent the wishes of their client rather than advocate for the protection, safety, and physical and emotional well-being of the client.

AB 495 Family Preparedness Plan Act of 2025.

Addresses the impact of recent federal immigration policies, which have contributed to increases in the number of unaccompanied children. Provides a streamlined process for short-term guardianships that address urgent needs, such as medical care and educational decision making.

AB 651 Juveniles: dependency: incarcerated parent.

Requires notice of and the opportunity for an incarcerated parent to be physically or virtually present at various dependency hearings relating to their child. Extends the right to notice and an opportunity to be present at the hearings to non-minor dependents.

SB 413 Juveniles: case file inspection. 

Expands access to juvenile case files to an attorney representing a juvenile in a civil case against the child welfare agency, probation department, or employee and to an attorney representing a person who is or was the subject of juvenile proceedings.

Adoption

SB 450 Adoption.

Expands the court’s jurisdiction to include adoption proceedings for California-born minors when (1) proceedings to free the minor from the custody and control of one or both parents are not required to make the minor available for adoption and (2) the proceedings to free the minor from the custody and control of one or both parents to make the minor available for adoption are being brought in this state.

Miscellaneous

SB 1427 (2023-2024 session) Marriage: joint petition for dissolution of marriage. 

Authorizes parties to a dissolution of marriage or legal separation proceeding to file a joint petition that does not require service or the filing of a response.

AB 343 California Public Records Act: elected or appointed officials.

Extended existing protections currently available to elected or appointed officials against disclosure of personal identifying information to additional officials, including retired judicial officers and minor’s counsel.

Effective January 1, 2027

AB 515 Trial: statement of decision.

Requires that in all bench trialsa request for a statement of decision must be made in writing or orally on the record prior to the submission of the matter for decision.

AB 1297 Automatic temporary restraining orders.

Adds language to the ATROs that prohibits the parties from “allowing to lapse for nonpayment of premiums” and “failing to renew” insurance coverage held for the benefit of the parties and their child(ren) for whom support may be ordered.

AB 561 Restraining Orders

Allows a Petitioner to file a request for a DVRO electronically at no charge. Specifies that no fee shall be charged for a party, support person or witness to appear remotely at the hearing on a request for a DVRO.