Order After Hearing After Request For Order: California Divorce | California Divorce

Posted by Tim Blankenship on

 

Order After Hearing After Request For Order: California Divorce

When you ask the court for temporary relief in a California family law case—child custody, spousal support, or other urgent issues—you file a Request for Order using form FL-300 and appear at a hearing. What happens after that hearing can determine whether the judge’s decision takes effect immediately or requires an extra administrative step. Understanding the difference and the steps to follow will save time and avoid confusion.

What a Request for Order is

A Request for Order (FL-300) is the paperwork used to ask the family court for temporary orders on issues such as custody, visitation, support, or attorney fees. The hearing lets the judge hear testimony and argument before deciding who gets what and for how long while the case is pending.

What happens at the hearing

At the hearing the judge will make rulings on the matters before the court. Those rulings become the court’s direction, but they are recorded in one of two ways:

  • Written order prepared at the hearing — the judge or the judge’s clerk drafts and signs the order on the spot; or
  • Minute order — the court issues a minute order (the clerk’s notes or a partial transcript of what the judge said) rather than a signed final order.

Minute order vs signed order: why it matters

A minute order records what happened in court, but it is not the same as a formal, signed order that will be entered into the case file and enforced as the court’s written ruling. If the judge does not prepare and sign an order at the hearing, the minute order becomes the basis for creating an “order after hearing.”

What an Order After Hearing is

An Order After Hearing is a drafted document that reflects the judge’s oral rulings as recorded in the minute order. The typical process is:

  1. Obtain a copy of the minute order from the court. Courts generally produce minute orders within a few days of the hearing.
  2. Draft an Order After Hearing that accurately states the judge’s directives as shown in the minute order.
  3. Circulate the draft to the other party for signature (when required or agreed).
  4. File the signed Order After Hearing with the court so it becomes the official, enforceable order.

Step-by-step checklist

  • At the hearing: Take careful notes about the judge’s rulings. Ask court staff if the judge will sign the order on the spot or issue a minute order.
  • After the hearing: Request a copy of the minute order from the court clerk if one was issued.
  • Draft the Order After Hearing: Use the minute order language to prepare a clear document that mirrors the judge’s oral rulings.
  • Exchange and sign: Send the draft to the opposing party for signature, if appropriate.
  • File and serve: File the signed Order After Hearing with the court clerk so it is entered as the official order.

Common pitfalls and practical tips

  • Do not rely solely on the minute order. The minute order documents what happened, but the Order After Hearing is the document that gets entered and enforced.
  • Get the minute order promptly. Courts usually issue them within a few days, and having that document speeds up preparing the final order.
  • Be precise when drafting. The Order After Hearing should accurately reflect the judge’s words. Avoid adding new terms or differing language that could change the meaning.
  • If parties do not agree on language: If the other side refuses to sign the drafted order, you may need to submit the proposed order to the court for the judge’s signature or follow the court’s procedures for resolving disputes over form of order.
  • Consider legal help. Preparing an accurate Order After Hearing can be technical. An experienced family law attorney or staff familiar with local court procedures can save time and prevent mistakes.

Final thoughts

After a Request for Order hearing, it is important to confirm whether an order was signed at the hearing or whether a minute order was issued. When a minute order is the record, you will need to draft an Order After Hearing that mirrors that minute order, obtain the necessary signatures, and file it so the judge’s decision becomes the enforceable order of the court. Paying attention to this administrative follow-through ensures the court’s rulings take effect without delay.

Remember: a minute order records what the judge said; the Order After Hearing is the formal document entered into the case file.

We Help With Divorce Request For Orders and Responses FL-300 | Santa Clarita Divorce

Posted by Tim Blankenship on

 

We Help With Divorce Request For Orders and Responses FL-300 | Santa Clarita

If you need the court to make orders during or after a divorce—for custody, support, visitation, attorney fees, or other relief—the California Request for Order (form FL-300) is the tool to use. This article explains what FL-300 can do, when to use it, what to include, and how responses (form FL-320) work. It also outlines practical steps and how a licensed legal document preparation service can assist you from paperwork to getting a court and mediation date.

What is the Request for Order (FL-300)?

The Request for Order is the standard motion form used in family law to ask the court to make temporary or post-judgment orders. It can be filed at almost any point in the divorce process when one party needs the court to decide an issue they cannot resolve with the other party.

Common issues you can request on FL-300

  • Child custody and parenting time (visitation)
  • Child support
  • Spousal support
  • Attorney fees and costs
  • Modification of previously ordered terms (mark the modification box)
  • Any other specific order the court can make (use the “other” box to explain)

When to use FL-300

Use FL-300:

  • During the divorce case to get temporary orders while the case is pending.
  • After a final judgment, to request changes through a post-judgment motion.
  • To modify existing orders when circumstances have changed—examples include a substantial change in income or a dramatic change in parenting time.

Practical examples

  • If the paying spouse receives a significant pay increase, the supported spouse can request a modification of spousal support.
  • If a parent who agreed to 50/50 parenting time only exercises 10% of the time, the other parent can ask the court to modify custody or child support based on actual parenting time.

What to include with your FL-300

When asking for financial relief such as child or spousal support, the court requires a clear picture of your finances. Key items include:

  • Income and expense declaration — provide a complete statement of income, expenses, assets, and debts. File it with the court and serve a blank copy with the motion so the other party knows to complete one.
  • Names and ages of the children if custody or visitation is at issue.
  • Any supporting declarations that explain the change in circumstances or facts supporting your request.
  • Exhibits such as pay stubs, tax returns, school records, or communication logs that back up your claims.

Mediation requirement for child-related disputes

If children are involved, you will generally be required to attend mediation before the court hears the Request for Order. Mediation can be scheduled before the hearing or at the same time. Many courts now offer online scheduling for mediation dates. Plan ahead—request your mediation date early so it aligns with the court hearing.

Responding to a Request for Order (FL-320)

If you are served with a Request for Order, you can file a written response on form FL-320. A good response will:

  • Address each request made by the moving party.
  • Include your own declaration and supporting exhibits.
  • Attach a completed income and expense declaration when financial issues are involved.

How a legal document preparation service can help

Licensed and bonded legal document preparers can assist with the paperwork and logistics without providing legal advice. Typical services include:

  • Preparing FL-300 motions and FL-320 responses.
  • Drafting supporting declarations and attaching exhibits.
  • Preparing and filing income and expense declarations and serving necessary forms on the other party.
  • Filing documents with the court and obtaining court and mediation dates.
  • Providing everything through an online process so you do not need to come into an office.

“The only thing we cannot do is give you legal advice.”

Document preparers will help you get the forms ready and filed for a flat rate, potentially saving substantial attorney fees. However, they must refrain from giving legal advice or representing you in court.

Practical tips before you file or respond

  1. Make sure all children’s names and essential facts are correctly entered on the forms.
  2. Gather financial documentation before completing the income and expense declaration.
  3. Schedule mediation early if children are involved.
  4. Be realistic about relief requested; ask for modifications only when there is a material change in circumstances.
  5. Consider hiring a document preparer to reduce errors and streamline filing if you do not need legal representation.

Next steps

If you need the court to act—whether for temporary relief during a pending divorce or to modify a prior order—start by completing the Request for Order and the required financial paperwork. If you were served with a Request for Order, prepare a clear, organized response with supporting declarations and documentation. A licensed document preparation service can prepare forms, file them, and secure court and mediation dates while you focus on the substance of your case.

Taking care of the paperwork correctly and on time improves your chances of a smoother hearing and a clearer presentation of your position to the court.

What Documents Do You Need To File A Motion In California Divorce Case

Posted by Tim Blankenship on

I was working with a client today that wanted us to prepare a motion in his California divorce case.

When we say motion, we are talking about what used to be called an Order to Show Cause or OSC and what is now referred to as a Request for Order or OSC.  All they did was change the name of the form, but the purpose of it is the same.

You would use a Request for Order when you want to set a date for a hearing in your divorce case.  Filing a motion using a Request For Order will get you a hearing faster than if you were to go to trial.  The downside is that the orders that are made at these divorce proceedings leave you with temporary orders.

These temporary orders will be in effect until final judgment in your divorce case.

So lets discuss what forms you need to use to file a Request for Order.

First, you will need the Request for Order, Form FL-300.  You can see that there are several options and check boxes you can use depending on your specific request.  There is also an “Other” box where you can list what it is your are asking the court to make orders on.

Sometimes when you are filing a motion like this with the court, all you need is the FL-300.  If you have a relatively short declaration (your reasoning for the request) you won’t need any additional documents.

However, if you have supporting documentation, you will want to attach that as well.  For instance, if you are making a statement in your declaration and reference something, you should show proof and attach  the document to your motion.

If your request for order in your divorce case has anything to do with money such as child support or spousal support, you will also need to complete an income and expense declaration.

You will file both the motion and the income and expense declaration with the court and both will need to be served on the other party along with the appropriate responsive papers.

We are a licensed and bonded legal document preparation firm that specializes in California divorce.  Please give us a call for more information about our California Divorce services.