I wanted to give some pointers if you’re looking to prepare a declaration, perhaps for a motion, maybe request for order if you’re filing for a motion or even if you’re responding to a motion.
I want to go over some of the best practices, things to avoid and things of that nature. Most of this information is things I’ve seen going to the court system and when I work at law firms, how to write the declarations, how to work with them and so forth.
You can watch the video below for more information.
First, I want to talk a little bit about the structure of your declaration, how to start if off and so forth. When you write a declaration and you are preparing this as a motion, you want to give first a little bit of background of abut your circumstance.
So maybe a short paragraph about how long have we been married, her name, the respondent’s name, if you have children and how long the marriage was and things of that matter.
If it’s a child custody or child visitation, just give a little bit of background information so the court knows a little bit about what’s going on. Then, if you’re filling on a request for order, there is specific order to the way this is drawn up.
First, you have child custody, then child visitation, child support, then spouse’s support, attorney’s fees and costs, property restraint and property control. Right now, talking about the FL-300, you can use that for your template in how you’re going to address the issue.
So, if you have child custody issues, you want to discuss in your request for order, then talk about those issues first. In doing this, it’ll flow in the same manner that the application is set up and it’ll make it much more understandable for the court and for the person you’re sending this to address.
Same thing goes if you’re filing a response to request for order, follow the same suit. Even if the other party didn’t do it correctly, go right down in the same order that it shows and is reflected on the application and you’ll be in good shape. This will keep you on task and keep you from bouncing around from ideas you had. Handle all issues regarding the child custody before moving on to the other issues.
We do assist in preparing motions, request for orders or order to show causes both for petitioners and respondents. We can do responses as well; we do them both during the marriage, we do them for paternities and we do them post judgment. We can take care of all this for you, please just give us a call.
My name is Tim Blankenship, owner of divorce661.com and you can reach us at 661-281-0266. Thanks for reading!