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Getting Temporary Orders During Divorce in Los Angeles

Posted By Edwin Castellanos || 27-Mar-2014

How a Los Angeles Divorce Lawyer can get Temporary Orders with the Request for Order During Divorce

How do you get temporary orders in divorce cases? Divorce Lawyers in Los Angeles typically use the Request For Order procedure to get temporary orders in divorce cases in California. When filing for divorce, legal separation or a parentage case, the Request for Order (FL-300) form is used to notify the other party or spouse that you are requesting specific orders from the court pending trial (for example, a request for “temporary orders”). Let’s say, for example, your husband tells you he wants a divorce. You both have a young child and while you accept the fact that your marriage is over you just don’t know how you will support your children, your husband travels so you have concerns about maintaining stability for the kids, and you have no idea how you will pay for an attorney to help you. This is where your divorce lawyer comes in to advise you of the exact nature of the orders that can be requested at the time you file your divorce case such as child custody, child support and attorney’s fees pending a trial or settlement in your divorce case. In addition, the Request For Order also serves to advise the Court of important legal issues in your case.

What orders can your Divorce Lawyer Request in Los Angeles County?

In Los Angeles, typical orders requested by a divorce lawyer when filing a Request for Order may include the following: child support, spousal support/alimony, child custody, child visitations, and attorney fees and costs, spousal support and modifications. Property or debt division will typically be handled at trial and is not part of the Request For Order hearing.

Request For Order Request For Order

When requesting new orders, or if you are modifying existing orders, a Los Angeles divorce lawyer/party will need to use the Request for Order (FL-300) form, which replaces the old Notice of Motion and Order To Show Cause forms. The Request For Order form is a mandatory form that was adopted by the Judicial Council of California. The rule for mandatory use of this form became effective in California on July 1, 2012.

Request For OrderAs an example, if you need to modify child support, you will go ahead and check off the “Modification” box and the “Child Support” box. This will notify the other party and let the court know what issues will be heard at the next hearing. On page 4 of the Request for Order form, at item 10, you will be listing facts in support of your request. If you are requesting the modification of previous orders, you should provide fact or reasons supporting a change of circumstance for the modification. If you need additional space to write out the facts, you can use an Attached Declaration (Form MC-031). You should be sure you do not go over the 10-page limit for your declaration, unless you obtain permission from the court.

Can a Los Angeles divorce lawyer use the Request For Order to obtain domestic violence restraining orders?

When obtaining domestic violence restraining orders, you will be required to use the forms Request for Order (Domestic Violence Prevention) (Form DV-100), Temporary Restraining Order (Domestic Violence) (Form DV-110), and Notice of Court Hearing (Domestic Violence) (Form DV-109).

Using the Request for Order to ask for Child Support During Your Los Angeles Divorce

If child support is being requested in the Request For Order, keep in mind the court is required to order child support based on the income of both parents. If you would like to learn more about child support you can read more about how child support is calculated in California. Your Los Angeles divorce Lawyer/You should supply the court with information about your finances by filing an Income and Expense Declaration (Judicial Council Form FL-150) or a Financial Statement (Simplified) (Form FL-155). If you fail to file an Income and Expense Declaration, the court will not make a support order. In any hearing where financial information will be necessary, an Income and Expense Declaration is required.

Similarly, if you are asking the court for a spousal support order, you will also be required to file a completed Income and Expense Declaration.

Fililng Your Request for Order at the Los Angeles Superior Court and Getting More Information About Service of Process

Once you have prepared all of the necessary forms, you will be required to sign and date the paperwork and make three copies. You are signing this form under penalty of perjury so you should stick to the facts and be truthful when making statements to the court. If you are in need of affordable, reliable legal help with preparing your documents, you should speak to a Los Angeles Divorce Lawyer from Castellanos & Associates, APLC about attorney-assisted legal document preparation for a low or reduced fee.

Bring the original and two copies to the Los Angeles Superior Court for filing. There is a $60 fee to file your Request For Order with the court. If the motion is for modifying custody and/or visitation, there is an additional $25 fee. There is no fee for the filing of a Responsive Declaration to Request For Order.

The Stanley Mosk Courthouse, Central District is located at:

111 North Hill Street

Los Angeles, California 90012

The Stanley Mosk Courthouse is open from 8:30 am until 4:30 pm, Monday through Friday. You should check with the courthouse regarding court holidays.

You must remember after you file the Request For Order with the court clerk you are required to serve all of your paperwork with the other party, along with a (blank) Responsive Declaration to Request For Order (FL-320) and a (blank) Income and Expense Declaration (FL-150).

After you file your documents, the court clerk will return them to you with a court date and time stamped on the first page of the Request For Order. The other party should be served with a copy of the Request For Order so he or she has notice of the date, time, and location of the court hearing and the orders you are requesting.

Service of the Request For Order and related documents must be completed by someone other than yourself, who is over the age of eighteen (18). The person who serves the paperwork is required to complete a Proof of Service that includes the address where the other party was served and the date and time of service. You must file one (1) original and two (2) copies of the completed proof of service form.

If you have any questions or need help completing the Request For Order form in Los Angeles, you should contact the family law facilitator’s office at the Los Angeles Superior Court. In addition, you can read the informative Information Sheet for Request for Order (FL-300-INFO), which will provide you with additional information regarding Service of Process.

If you need attorney-assisted legal document preparation for a reduced fee during the divorce process in Los Angeles, or if you would like full legal representation for your Request For Order hearing, please contact a Los Angeles divorce lawyer from Castellanos & Associates, APLC today at (323) 655-2105.

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