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.
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