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California Family - Continuing Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for continuing a divorce proceeding, including child support orders, declarations for default or uncontested division of property, property orders, income withholding.
Family Law, Divorce
California Family - Continuing DivorceCalifornia Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
California Family - Petition to Initiate DivorceThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
When facing a modification or establishment of court orders related to family law in California, the FL-300 Request for Order ("RFO") form becomes a critical document when court intervention is needed before the end of the case. This form is typically necessary when a party needs to request the court to make specific orders for child custody, visitation, child support, spousal support, or other family-related matters.
- Before filing the FL-300, parties need to complete an Income and Expense Declaration (FL-150) to provide financial information.
- A change in circumstances, such as a job loss or relocation, often triggers the need for an FL-300 form to request a modification of existing orders. A party needs to file a Declaration with facts supporting the FL-300.
- Initial filings like the Petition for Dissolution (FL-100) may precede this form if it's the first instance of action.
- The FL-300 must be personally served on the other party 16 days before the scheduled hearing date (excluding weekends and court holidays).
- You will need your process server to fill out Proof of Personal Service (FL-330) and file it with the court.
- The Respondent may file a Responsive Declaration to Request for Order (form FL-320) to respond to your RFO.
In summary, the FL-300 is a pivotal form utilized during various stages of family law proceedings to facilitate fair and relevant adjustments or introductions of legal orders. Its submission is generally prompted by notable life changes impacting existing family law arrangements or initial needs for such determinations.
- 1. Obtain the Form: Download the FL-300 Request for Order form from the California Courts website or obtain a copy from the local courthouse.
- 2. Complete the Form: Fill out the form with the necessary details regarding the orders you are requesting. Attach any additional documents that support your request.
- 3. Serve the Form: Serve a copy of the completed form and any supporting documents to the other parties involved in the case, following proper legal service procedures.
- 4. File With the Court: Submit the original form and proof of service at the family law clerk's office in the courthouse where your case is being heard.
- 5. Attend the Hearing: Await the scheduled hearing date where the court will review your request and decide on the orders.
Restraining Order Clarity
If you are aware of any existing restraining or protective orders that may impact your request, make sure to attach copies of those orders. This includes orders from different court divisions like family, criminal, or juvenile court.
Restraining Order Clarity
If you are aware of any existing restraining or protective orders that may impact your request, make sure to attach copies of those orders. This includes orders from different court divisions like family, criminal, or juvenile court.
Supporting Facts
While supporting facts should be no longer than 10 pages, focus on concise, clear, and directly relevant information. Any additional documents or evidence that can substantiate your claims should be indicated as attachments.
Supporting Facts
While supporting facts should be no longer than 10 pages, focus on concise, clear, and directly relevant information. Any additional documents or evidence that can substantiate your claims should be indicated as attachments.
Interest of Children
When requesting child custody or visitation changes, clearly specify why the changes are in the best interest of the children. Specific examples or situations that demonstrate improvement or detriment in the children's current condition may be helpful.
Interest of Children
When requesting child custody or visitation changes, clearly specify why the changes are in the best interest of the children. Specific examples or situations that demonstrate improvement or detriment in the children's current condition may be helpful.
Support Order Changes
Explain why a new or modified child support order is necessary. Consider providing details such as changes in income, financial hardship, or important changes in the child’s needs since the last order.
Support Order Changes
Explain why a new or modified child support order is necessary. Consider providing details such as changes in income, financial hardship, or important changes in the child’s needs since the last order.
Reason for Spousal Support Change
Include specific reasons why spousal or partner support should be changed or ended. Consider factors like changes in financial circumstances, employment status, or changes in living arrangements that might affect support needs.
Reason for Spousal Support Change
Include specific reasons why spousal or partner support should be changed or ended. Consider factors like changes in financial circumstances, employment status, or changes in living arrangements that might affect support needs.
Debt Payment Obligations
When requesting someone to continue making payments on shared debts, specify details about the payment plan, such as due dates and specific amounts, to avoid ambiguity. This clarity will aid in enforcement, if necessary.
Debt Payment Obligations
When requesting someone to continue making payments on shared debts, specify details about the payment plan, such as due dates and specific amounts, to avoid ambiguity. This clarity will aid in enforcement, if necessary.
Urgency in Hearing
Explain why there is an urgent need for the hearing date or service to be sooner than usual. This can include imminent harm or potential irreparable damage if the standard timeline is followed.
Urgency in Hearing
Explain why there is an urgent need for the hearing date or service to be sooner than usual. This can include imminent harm or potential irreparable damage if the standard timeline is followed.
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1
Serve the Request for Order (form FL-300) along with a blank Responsive Declaration to Request for Order (form FL-320) to all parties involved in the case. This must be done at least nine court days before the scheduled hearing, unless the court has ordered a shorter time period.
2
File the Proof of Service (form FL-330 or form FL-335) with the court to verify that service has been completed. This is crucial to showing the court that all parties have been properly notified.
3
Prepare for the court hearing by gathering any necessary documents, evidence, and witness statements that support your request.
4
Attend any required mediation or child custody recommending counseling session if your case involves child custody or visitation issues. This is typically ordered by the court and must be completed before the hearing.
5
Attend the court hearing on the date and time specified in the Notice of Hearing section of the Request for Order form. Be prepared to present your case and address any questions the court may have.
