Guide to California Divorce Hearings

California divorce hearings are common in contested divorces. Understanding the different types of court appearances can help you navigate your case effectively. Below is a checklist guide to the most common divorce hearings in California.

1. Status or Case Resolution Conference

The court may schedule a status or case resolution conference to obtain an update on the case's progress from the attorneys or self-represented parties. Typically, these conferences are routine, with the court seeking to understand the case's current status and future direction.

2. Request for Order Hearing

A request for order hearing is set when a spouse, through their attorney, files a request for order. This request involves submitting paperwork, including forms and declarations, asking the court to make specific temporary orders during divorce.

These temporary orders often pertain to child custody and visitation, child support, spousal support, attorney's fees, and temporary exclusive use or possession of property.

What to Expect at a Request for Order Hearing

• A request for order hearing may be a full evidentiary hearing, where both spouses and witnesses can testify in open court.
• After testimony and arguments, the court will make a ruling.
• The court often encourages or insists on resolving issues on the hearing date.
• If the hearing is not completed, it may be continued to a new date, particularly if the court's calendar is busy or settlement negotiations are ongoing.

3. Emergency Hearings

Emergency hearings, or ex parte hearings, are reserved for situations where immediate action is necessary. Examples include imminent threats to children's safety or the potential loss or destruction of property. These hearings also cover domestic violence restraining orders.

4. Mediation

Court-ordered mediation is typically required in child custody cases when a request for order is filed. Before the hearing, the court orders both spouses to attend mediation at the courthouse to try and resolve custody and visitation issues.

California Law and Mediation

Lawyers are not allowed to attend these mediations. Spouses usually attend alone, although a victim of domestic violence may bring support. In counties like Orange and Los Angeles, the mediator does not report to the court if mediation fails. In Riverside County, however, the mediator may make recommendations to the court.

5. Review Hearings

A court may schedule a review hearing to assess the effectiveness of its orders and the ongoing situation between the spouses. This is common in child custody and visitation cases, particularly when the court expects a parent's time with the child to increase.

6. Trial Setting Conference

A trial setting conference is a hearing where the court determines the case's readiness for trial. Attorneys will discuss the case's status, resolved issues, and remaining matters. Depending on the outcome, the court may set a trial date or schedule a mandatory settlement conference beforehand.

7. Trial Readiness Conference

Some counties in California hold a trial readiness conference to ensure all pretrial matters are addressed before the trial. This conference may be set either before or after the trial date is scheduled, depending on the court's procedure.

8. Mandatory Settlement Conference

A mandatory settlement conference is an opportunity for both spouses and their attorneys to attempt to resolve outstanding issues. This is not a formal court hearing, as no judicial decisions are made. Instead, it serves as a focused attempt to settle the case outside the courtroom.

Learn More About California Divorce Hearings

For more detailed information on the various types of California divorce hearings, check out our guides on:

• Requests for order
• California divorce trials
• Post-judgment modification hearings
• Family law contempt hearings

Keep reading, keep learning, and use this knowledge to find the right family law attorney for your case.