Steps To Filing A Divorce Motion | Santa Clarita Divorce

We have been completing a lot of divorce motions for people here in Santa Clarita and thought we would talk about the steps for filing a motion in your divorce case in Los Angeles County.

When I say motion, I am referring to a Request For Order which would be used for getting temporary orders for just about anything.  The most common motions during a divorce case is for Spousal Support or Child Support, Child Custody and Visitation.  But an RFO is for any type of temporary order you would like to as the court for.

I say temporary, because any motion you file during your divorce case will result in temporary orders that will be in effect until you submit your judgment or until further order of the court.

Those orders can them be included in the final order or you can change the orders all together, if by agreement.

So I wanted to go over the steps of things you will need to do if you want to file a motion in your divorce case.

First, you will need to complete a RFO (Request for Order) form.  This is form FL-300.  We won’t get into the details of actually filling out the form, rather, I wanted to discuss what is all involved.

If Request For Order Is Involving Children

If your motion has anything to do with children or child support etc., you will need to get a mediation date.  I recommend that you do not attempt to call the court for this. They rarely answer the phone at the courthouse and if you happen to reach someone, they will just tell you to request the mediation date online.

Here is the link to the Los Angeles County  Family Court Service Mediation Appointment Request Form which in another article we will discuss how to fill it out.

You will have to wait until you get your mediation date before you can file your motion.

Another thing you will need to do if your motion has anything to do with children is complete the PACT class which thankfully is now online.  Here is a link to the Our Children First Program online class.

If Request For Order Involves Money

If your request for order has anything to do with money such as child or spousal support, etc. you will also need to fill out an income and Expense Declaration Form FL-150.

If you do not follow these instruction you will have a very difficult time filing your motion.  Meaning it will be rejected by the court in most cases.

Have Us Prepare Your Motion

We specialize in preparing divorce motions for just about anything.  We will prepare everything for you, including your declaration and get your mediation date, file your motion with the court, get your hearing date and serve the papers on the other party.  All for one flat fee.

We are located in Santa Clarita, CA and can help you anywhere in Los Angeles.

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

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.

Divorce Motions, Response And Reply Tips | Santa Clarita Divorce

We talk a lot about how to file motions, request for orders and order to show cause filings quite a bit.  We also, of course, provide this as one of our divorce services here in Santa Clarita.

In this article, and videos below, we are going to talk about the three components of filing these types of motions along with the due dates you have to follow and how to file and serve them.  We will go into great detail about how to file the motion and how to respond to one if a motion has been filed on you.

In this video below we will talk about the due dates and how to file and serve a motion such as a request for order or order to show cause.  The first thing you will do is prepare your motion and then file it with the court.  You have to file it and get a court date before you can serve it.  Here is the rule.  You have to personally serve your motion 16 COURT days before the hearing date.  If you are going to mail it you need to add 5 calendar days.

Watch this quick video where I discuss the procedure of filing and serving a motion as well as the due dates in which to serve them.

Now that you understand the process of filing a motion and the respective due dates for serving it, let’s talk about what you do if you have received a motion and you need to reply to one.

When someone files a motion and serves you, you have an opportunity to file a response.  Your response will be to tell your side of the story and whether your agree, disagree or would like different orders made than requested by the moving party or person who filed the motion.

The responsive declaration also has to be done within a certain period of time just like the original motion.  So for the responsive declaration to a motion you have to file and personally serve 9 COURT days before the hearing.  Why do I keep emphasizing court days?  Because you have to be careful and check for court holidays and skip the weekends.  It could be as much as 15 days before the hearing with court holidays and weekends involved so make sure you check.  I get a lot of people who call me to file a response and it is already too late.

Watch this quick video about filing the responsive declaration.

Now, there is just one last thing to discuss and that is the Reply Declaration.  The Reply is what the person who filed the motion will do.  It is their last chance to get the final say of what their position is in regards to why the judge should make the order that they requested.  The Reply Declaration needs to be filed and served 5 COURT days before the hearing.

Here is a quick video discussing the reply declaration.

So just to recap, you first have the original Motion followed by the Responsive Declaration and then the Reply Declaration.

We can help you prepare and file your motion, responsive declaration and reply declaration in Los Angeles County.  We specialize in divorce and can help you prepare an attorney quality declaration for your divorce case.