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
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 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.
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.
As 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?
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
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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