By Wallace Francis

This is Part 3 of a four-part series on how a divorce moves through the California courts. Part 1 covered the petition and the response, and Part 2 covered financial disclosures. This part covers motions and temporary orders. Part 4 covers the final judgment.

A divorce usually takes many months, and sometimes longer. During that time, life does not stop. The children still need a schedule. The mortgage still needs to be paid. One spouse may have much less income than the other. When spouses cannot agree on how to handle these things while the case is going on, either one can ask the court to make temporary orders. Lawyers often call this part of the case “motion practice.”

What You Can Ask For

In a California family law case, a motion is usually made with a form called a Request for Order (form FL-300). Common requests include the following.

  • Child custody and a parenting time schedule.
  • Child support.
  • Temporary spousal support.
  • Attorney fees and costs, so that both spouses have a fair chance to be represented when one has more money than the other.
  • Who may live in the family home or use a vehicle.
  • Who will pay certain debts or bills.
  • Orders about property, such as keeping funds in an account until the case is over.

Domestic violence restraining orders use a separate set of forms and have their own process.

How a Request for Order Works

The person making the request fills out the Request for Order and attaches a declaration. A declaration is a written statement of facts signed under penalty of perjury. It explains what is happening and why the requested orders make sense. If the request involves support or attorney fees, a current Income and Expense Declaration (form FL-150) must be included.

The papers are filed with the court, and the clerk sets a hearing date. The papers must then be served on the other side. In most cases, they must be served at least 16 court days before the hearing, and more time is added if they are served by mail. Court days do not include weekends or court holidays, so the actual time is longer than it sounds.

The other spouse can file a Responsive Declaration to Request for Order (form FL-320). It is generally due at least nine court days before the hearing. The person who made the request may then file a reply, generally at least five court days before the hearing. Each side should file its own current Income and Expense Declaration when support or fees are at issue.

Custody Requests and Family Court Services

When custody or parenting time is in dispute, California law requires the parents to meet with a counselor or mediator from the court’s Family Court Services before the hearing. The goal is to help the parents reach an agreement that works for the children. If they cannot agree, in many counties the counselor will make a written recommendation to the judge. The judge does not have to follow it, but it often carries real weight.

Support Requests

Child support in California is based on a statewide guideline formula. The two main factors are each parent’s income and the share of time each parent has with the children. Temporary spousal support is often calculated using a formula as well. Long-term spousal support at the end of the case is decided differently, based on a list of factors set out in the Family Code, such as the length of the marriage and each spouse’s ability to earn a living. Support orders can often be made effective back to the date the request was filed.

The Hearing

Family law hearings are usually short. Judges have busy calendars and often have many cases set for the same morning. In most cases, the judge has already read the papers before the hearing begins. That means the written declarations matter a great deal. A clear, factual, and respectful declaration tends to be far more effective than a long or angry one. In some situations, the court may allow live testimony, but the papers usually do most of the work.

Many requests are settled before the hearing. The two sides may reach an agreement, write it down as a stipulation, and submit it to the judge to sign. This saves time and money and gives both sides more control over the result.

Emergency Orders

Some situations cannot wait for a regular hearing date. Examples include a real risk that a child will be taken out of state, or a situation that puts a child in immediate danger. In those cases, a party may ask for emergency orders, which are called ex parte orders. The other side generally must be given notice by 10 a.m. the court day before the request is presented, unless giving notice would cause harm. Courts expect a strong showing before they will make emergency orders, and they do not treat ordinary disagreements as emergencies.

After the Hearing

After the judge decides, the court’s orders are written up in a document called the Findings and Order After Hearing (form FL-340), along with attachments for custody, support, or other issues. Temporary orders remain in effect until the court changes them or until the final judgment replaces them. Temporary orders can often shape what happens later. A parenting schedule that is working well, for example, may become the starting point for the final custody arrangement.

What Comes Next

Temporary orders keep the family going while the case moves forward. The goal, though, is a final resolution. Part 4 of this series explains how a case reaches a final judgment, either through settlement or through trial.

The Full Series

This article provides general information about California divorce law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and the rules and local court practices can change. If you are facing a divorce, speak with a family law attorney about your own situation.