How To File A California Divorce Motion – Order To Show Cause – Request For Order

How To File A California Divorce Motion – Order To Show Cause – Request For Order

Hi, my name is Tim Blankenship with divorce661.com, and today I want to talk a little bit about divorce motions, request for orders, order to show cause, it can be called any of those things.

Specifically, I want to address what you need to fill out in order to file a motion with the court.

The first thing you’re going to need is a form FL-300. This is the request for order application. It’s a four-page application. It’s pretty self- explanatory. There are some check boxes at the top of the first page that you’re letting the court and the other party knows what you’re requesting. Whether it be orders for spouse support, child support, and so forth.

The last thing you’re going to do on the last page is you’re going to write your declaration. You can hand-write it on that last page, and tell the court and the other party your argument of why you’re making your request.

So it’s fairly straightforward, but there is some initial documentation that you’re going to need depending on what you do.

First of all, if you’re asking for money, or you’re request has anything to do with money. You’re also going to need to fill out an income and expense declaration. This is an Fl-150. You’ll see there on the first page that it doesn’t say that you have to do it but there is a check-box that says that you have completed an income and expense declaration.

Again, anything that has to do with money is going to need an income and expense declaration.

Now, if you have proof of certain things, or you have evidence that you want to show the court.

So, proof of your argument, an attachment, email, a bill perhaps. You want to attach those as exhibits. So what you’ll do is you’ll have your request for order, followed by your declaration. In your declaration you can reference exhibits, and you can just say exhibit A is attached, then you’re going to have those attachments behind the declarations so the court can see what you’re trying to show them. And while they’re in the declaration, they can refer to your exhibits.

Now, if there’s not enough room on that declaration page, it’s only maybe three-quarters of a page of room. You can always mark the box, see attached and you can just write on are regular word document. You can type your declaration there

Now, service, once you file that motion with the court. You’re going to get a court date. That then will be served on the other party. When you serve that, you have to serve blank copies of exactly what you send them.

If you send them a request for order, you need to send them also a blank responsive declaration. I believe that’s FL-320, and if you send them a completed income and expense declaration because let’s say it had to do with money. You’d also want to send them a blank income and expense declaration cause they’ll need it if they’re going to file a response. They’ll also need to file an income and expense declaration.

So, I hope that’s been helpful.

Make sure you check my other videos on the dates of service, there are specific dates that things have to be served to the other party. Don’t forget to file the proof of service.

If you want to have us prepare a motion for you to get temporary orders for anything, please give us a call. We do this as a service. We take care of the whole ball of wax. We’ll complete your motion, attach exhibits, file your income and expense declaration. We will go to court and file it with the court and serve the other party.

We will file proof of service and take care of everything for you, then you’ll just have to show up in court and ask the court for your request.

I’m Tim Blankenship divorce661.com. We are licensed and bonded legal document preparation firm. We are headquartered in Los Angeles County and serve all the courts of California. We would be happy  to discuss your particular circumstances.

You can reach me direct at 661-281-0266.

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