How To Write A Divorce Motion Declaration And Response Best Practices | Santa Clarita

Posted by Tim Blankenship on

 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!

 

We Assist With Paternity Request For Orders & Responses | Santa Clarita Divorce

Posted by Tim Blankenship on

Lately we had been doing a lot of motions for divorce in California , so I thought I would share with you the different types of divorce motions we have been helping people with.

When were talking about divorce motions were talking about what is known as request for orders. They used to be called order to show cause.

You can file a motion for a variety of reasons, and these motions can be either temporary or permanent, depending on when you file the motion.

For instance, if your divorce case is still pending and you file a request for order the orders he received from the court are generally going to be temporary until final judgment is entered in your case. If you divorce is already been finalized and you need to file a motion post-judgment, these orders will generally be permanent until further order of the court .

In the past few weeks, we have completed several motions for clients.

The first one a lot talk about was a paternity case. A paternity case is one where a couple has a child, but they are not technically married. In this particular case, the father had not seen the child for several years. Out of the blue the father decides he wants to see his son hires an attorney and files a motion for child custody and visitation.

The mother called our office and asked us what she could do as she did not want the father, who had not seen the sun for several years, get the requested orders he was asking for.

We had her come in and reviewed the motion he had filed with the court. After reviewing the fathers declaration. We spoke to our client and asked her regarding the truthfulness of fathers claims. We then drafted a declaration in support of mothers request to deny father’s request for child custody and visitation.

Basically what you have to do when filing a response to motion is to go line by line and address the other party’s claims and state your version of the facts. And that is what we did in this case. We went line by line and addressed the issues. The father had claimed and then inserted the facts as mother presented them.

Once we’re done drafting the declaration. We may have served a copy to the father’s attorney and filed a motion with the court.

When the mother went to the hearing, she was able to successfully have the father’s request for child custody and visitation denied based on a variety of reasons that we had discussed in her responsive declaration.

Obviously, this client was very satisfied with our service in preparing her responsive declaration for a paternity case. Of course we can never promise any particular result when we help you prepare a motion or response to a motion in your paternity or divorce case.

This is just one of the cases that we assisted on this week we are currently working on three more motions or responses for our clients.

If you need to file a motion for child custody, child visitation, spousal support, child support or make any other requests you doing your divorce, while it is still pending, or after your divorce is concluded, we can help you.

We are licensed and bonded legal document preparation firm specializing in divorce in the Santa Clarita Valley. We serve all the Los Angeles courts and can assist you with your divorce case.

Please feel free to give us a call at 661-281-0266 so we can discuss the issues at hand so we can determine if we can help you through your divorce matter.