How To Move California Divorce Forward | Request Trial Setting
Hi Tim Blankenship with divorce661.com.
Today we’re talking about how to get your case moving, your divorce case moving in California.
So, a lot of folks will call me and let’s say they started their divorce on their own, they didn’t know I existed, they didn’t they could get expert divorce services in California and have someone take care of the paperwork for them, and they attempted to do this themselves.
Let’ say they got a certain way through the process but the other party isn’t cooperating, the other party isn’t filling out their documents, and in some cases you can simply move forward with a default.
But in cases where the other party filed a response, you cannot just file a default and push forward with your divorce. You’re going to have to get the court involved.
So what is it that we need to do to get the court involved to move your case forward, when the other party has entered the case by filing a response? So let me set this up, there are certain procedural steps to a divorce.
Number one, you filed your case and served your spouse; number two, let’s say your spouse filed a response and has now entered the case. The next step for both parties is to complete their financial disclosures. These are known as your preliminary declaration of disclosures.
Once you’ve done that, how do you compel the other party to get them to do theirs? Let’ say, they don’t do it, they’re not doing it, or they intentionally want to stall the case and that’s why they’re not moving forward with preparing their preliminary declaration of disclosure, what can you do?
Well, if you’re with a law firm, and if you’re watching this you’re probably not, what an attorney would do is start a series of letters.
We’re requesting you do your disclosures in thirty days, if not, we’re going to request, file a motion, to compel you to do this. Well that can be a lot of work. Another thing that you can do is simply get the court involved at this point.
And the way you would do that is by filing what’s called a request for trial setting conference. And this is family law 014, the form number is FAM-014, and what you will do with this is you will file this with the court and you will let them know what the issues of the divorce are. Are they child custody? Spousal support? You want to let them know what they are. And then how long you think the trial is going to last.
So essentially what you’re going to do is you’re asking the court to step in and start setting some dates for things to get moving forward.
So here’s what you can expect to happen, you would file the form, you have to serve it on your spouse.
A couple of weeks later, or a month in some cases, you’ll get the form back from the court letting you know of a court date.
The first court date could be called a trial setting conference; it could be called a case management conference.
Essentially what it is, the courts are going to bring the parties into court and find out what’s going on and where is it at? Once you talk to the judge on that trial setting conference or case management conference, the judge is likely to make some specific orders to move the case forward. So they may say, hey what’s happening?
Well I filed this because the other party hasn’t filed their preliminary declaration of disclosure. The judge may say that well, you have thirty days to do this. And set another conference date down the road. So what the court will then do now that you have them involved is start setting a series of dates to move this thing forward. That’s what you need to do if it’s not moving forward, if you need to get the court involved in order to complete your divorce when the other party has responded.
I hope this has been helpful on moving your case forward; this is regarding filing a request for trial set in conference for your divorce.
My name is Tim Blankenship, 661-281-0266. And get more information off our website at divorce661.com.