New California Family Laws for 2027: What Changes Jan. 1

Key Takeaways

Starting January 1, 2027, letting family insurance lapse for nonpayment of premiums during a divorce violates the automatic restraining orders.
Electronic filing of domestic violence restraining order petitions becomes free to the petitioner, and courts may not charge a fee for remote appearances at the hearing.
In a court trial, a request for a statement of decision must be made before the matter is submitted for decision.
Certain new conventional mortgages must let one co-borrower assume the other’s share in a divorce, but only for loans originated on or after January 1, 2027.
No one under 18 may marry in California, and forced marriage becomes grounds for a domestic violence restraining order.

Several changes to California family law take effect on January 1, 2027. Some were enacted in 2025 with a delayed start date, one was enacted in 2024 for mortgage loans made in 2027 and later, and two were signed in September 2026. Here is a practical overview of what changes and what does not.

1. Divorce Restraining Orders Will Cover Unpaid Insurance Premiums (AB 1297)

Every summons in a California divorce, legal separation, or nullity case contains automatic temporary restraining orders, known as ATROs. They apply to the filing spouse once the petition is filed and the summons issues, and to the other spouse once the petition and summons are personally served or service is waived and accepted. They stay in effect until judgment, dismissal, or further court order. (Fam. Code, § 233.)

The insurance ATRO already bars both spouses from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of insurance held for the benefit of the parties and their children for whom support may be ordered, including life, health, automobile, and disability coverage. Beginning January 1, 2027, Assembly Bill 1297 adds two more prohibitions: neither spouse may allow that coverage to lapse for nonpayment of premiums, and neither may fail to renew it. (Fam. Code, § 2040, subd. (a)(3); Stats. 2025, ch. 48.)

What it means. If you pay the premiums on a policy that covers your spouse or your children, keep paying them while the case is pending. If a premium becomes unaffordable, talk to your attorney about asking the court for an order. Letting the policy lapse is no longer an option. Our guide to filing for divorce in January explains the ATROs in more detail.

2. Free Electronic Filing and Fee-Free Remote Appearances in Domestic Violence Cases (AB 561)

California courts that receive domestic violence restraining order petitions already must allow those petitions and related filings to be submitted electronically. A petitioner who files electronically receives the request, the notice of hearing, the copies for service, and any temporary order electronically, unless the petitioner chooses to pick them up at court. Beginning January 1, 2027, electronic filings must be accepted at no charge to the petitioner, and the court may not charge a fee for a party, a support person, or a witness to appear remotely at the hearing. (Fam. Code, §§ 6307, 6308; Stats. 2025, ch. 267.)

For civil harassment restraining orders, AB 561 also allows petitions to be filed electronically beginning January 1, 2027, and lets parties and witnesses appear remotely at the hearing. (Code Civ. Proc., § 527.6.)

What it means. For a person who needs protection, the court becomes easier to reach without travel, time off work, or cost. Electronic filing does not guarantee that a temporary order will issue, and it does not replace service on the other party, so the court’s own instructions still matter. Our guide to domestic violence restraining orders covers the hearing process.

3. Statement of Decision Requests Move Earlier (AB 515)

A statement of decision explains the factual and legal basis for the judge’s decision after a court trial, and it often shapes what can be challenged on appeal. Under current law, the deadline to request one depends on the length of the trial, and in longer trials a party may wait until 10 days after the court announces a tentative decision. Beginning January 1, 2027, the request must be made before the matter is submitted for decision in every court trial, and it must be in writing or made orally on the record when the proceeding is being transcribed. (Code Civ. Proc., § 632; Stats. 2025, ch. 559.)

The new law also requires the statement to be served on the parties who appeared, gives them 10 days after service to object, and lets the court in a Family Code proceeding shorten these time periods for good cause. After a court trial, judgment must be entered within 30 days of the court’s decision or, if a statement of decision was requested, within 30 days after it becomes final. (Code Civ. Proc., §§ 632, 664.)

What it means. If your custody, support, or property trial will be heard in 2027, have the request ready before the judge takes the matter under submission. Waiting for a tentative ruling will be too late.

4. Keeping the House Without Refinancing (AB 3100)

When one spouse keeps the family home, the lender usually requires a refinance to take the other spouse off the loan, which can mean trading a low interest rate for a much higher one. Civil Code section 2951, added by Assembly Bill 3100 in 2024, addresses that problem for new loans. A conventional home mortgage loan originated on or after January 1, 2027, secured by an owner-occupied home of up to four units and made to more than one borrower, must allow one borrower to buy out another’s interest by assuming that borrower’s portion of the mortgage in connection with a dissolution judgment, a legal separation agreement, or an incidental property settlement. The assuming borrower must qualify for the loan, as determined by the lender. (Civ. Code, § 2951; Stats. 2024, ch. 431.)

What it means. The rule applies only to conventional loans, not government-backed loans, and only to loans originated on or after January 1, 2027. It does not reach the loan most divorcing couples have today, and it does not promise approval or a particular interest rate. Some existing loans can be assumed under their own terms or loan program, so it is worth asking the servicer. Otherwise the usual options remain a refinance, a sale, or a court-ordered arrangement such as a deferred sale, discussed in our article on what happens to the family home in a divorce.

5. No Marriage Under 18 (AB 1267)

Beginning January 1, 2027, no one under 18 may marry or enter a domestic partnership in California. Assembly Bill 1267, signed on September 30, 2026, repeals the procedure that allowed a minor to marry with a parent’s or guardian’s written consent and a court order, and it requires both domestic partners to be at least 18. (Stats. 2026, ch. 850; Cal. Const., art. IV, § 8, subd. (c).)

6. New Protections Against Forced Marriage (AB 2534 and AB 1134)

Assembly Bill 2534, also signed on September 30, 2026, brings forced marriage and attempted forced marriage within the Domestic Violence Prevention Act. The law defines forced marriage to include a relationship in which a person does not or cannot consent and is compelled through force, fraud, coercion, duress, abuse of power, or coercive control. A person facing a forced marriage, or already in one, can seek a restraining order, and the people who arranged, officiated, financed, or facilitated the marriage can be named as respondents in the same case. (Stats. 2026, ch. 950.)

Separately, Assembly Bill 1134 allows a court, on a showing of good cause, to let a person whose consent to a marriage was obtained by force file a nullity petition after the usual four-year deadline has passed. (Fam. Code, § 2211; Stats. 2025, ch. 633.)

Frequently Asked Questions

Does the new insurance rule apply as soon as I decide to divorce?

No. The automatic restraining orders apply to the filing spouse once the petition is filed and the summons issues, and to the other spouse once served or after waiving service. From then on, the January 1, 2027 insurance rules apply unless a court orders otherwise. (Fam. Code, §§ 233, 2040.)

Can I file for a domestic violence restraining order online in California?

Yes. Courts that receive these petitions must already accept them electronically. Starting January 1, 2027, electronic filings must be accepted at no charge to the petitioner, and the court may not charge a fee for remote appearances at the hearing. (Fam. Code, §§ 6307, 6308.)

Will the new mortgage law let me keep my current interest rate?

Only if your loan is a conventional loan originated on or after January 1, 2027, and the lender finds that you qualify. Loans made before 2027 are not covered, although some can be assumed under their own terms. (Civ. Code, § 2951.)

Can someone under 18 marry in California after January 1, 2027?

No. AB 1267 removes the procedure that allowed minors to marry with parental consent and a court order, and it sets 18 as the minimum age for domestic partnerships as well.

Questions About How These Changes Affect Your Case?

Barsamyan Family Law APC is led by Vardui Rose Barsamyan, a Certified Family Law Specialist (State Bar of California Board of Legal Specialization). To request a confidential consultation, call (424) 600-0019 or contact the firm.

Related practice areas: divorce and domestic violence restraining orders.

This article provides general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Laws, court rules, and forms change, and every case turns on its own facts.

New California Family Laws Taking Effect January 1, 2027