Los Angeles Divorce and Family Law Attorneys

The Los Angeles divorce process begins when a petitioner (the spouse who wants to file) properly fills, signs, dates, and files an FL-100 (petition for dissolution, legal separation or nullity) and FL-110 (summons).

There is a $435 filing fee for the petition in Los Angeles County.

A Family Law Case Cover Sheet, FAM020, must accompany the initial filing in an action or proceeding under California Family Division Rules 5.2.

Both FL-100 and FL-110 are usually personally served on the respondent when someone other than the petitioner who is 18 or older serves all related forms to the respondent.

The proof of service must be filed with the Court by filling out and signing the POS-040.

There are several ways to serve divorce papers. The following article explains the different ways to serve a respondent and decide which option is best for you.

The State of California's court website provides information on alternatives to personal service.

A respondent generally must file and serve his or her response no later than 30 days from the date of personal service. Depending on the service method, the timeline may be different.

A petitioner may take the respondent's default if the respondent failed to file and serve a response before the statuary deadlines expire. However, did the petitioner prepare the petition correctly, include the necessary disclosures, and give the necessary due process notice to the respondent to take a proper default? That is a question that requires legal advice. In our experience, many who file and serve a divorce petition do not do it correctly and fail to include all of the necessary information to take a proper default.

Unless the respondent challenges the petition on other grounds such as challenging the court's jurisdiction or challenge service (as two of several examples), he or she will complete, sign, file, and serve a response to the petition, titled an FL-120.

There is a $435 filing fee for the response in Los Angeles County. A respondent may apply for a fee waiver.

A respondent can serve the petitioner by mailing the response to the petitioner or the petitioner's lawyer.

Ex parte (emergency) applications must comply with California Rules of Court, rules 5.151-5.169, unless an exception applies.

Applications per the Domestic Violence Prevention Act proceedings do not require notice.

Ex parte applications for temporary restraining orders in a Family Law Division matter may be presented to the department on any court day between 8:30 a.m. to 11:30 a.m. and 1:30 p.m. to 3:30 p.m.

Central District applicants may present ex parte applications for family law that are not for temporary restraining orders to the department on any court day between 8:30 a.m. and 10:30 a.m.

Counsel or self-represented parties in District Courts must contact the family department assigned to the case or, if the matter is unassigned, the clerk's office for ex parte application hours.

The Family Court may grant immediate or emergency family court orders, such as California domestic violence restraining order requests or emergency custody orders, or grant such orders on a non-emergency basis. Non-emergency requests include those for child custody, parenting time child support, alimony, attorney's fees and costs, and more.

A request for order is typically set at 8:30 a.m. on court days although the time may change depending on the department.

A filing clerk may assign a department to the matter at the time the request is presented.

Self-represented men and women often make the mistake of completing the FL-300 and not including much more in their requests. That is a mistake, especially in Los Angeles Family Court. Los Angeles family law judges rely on the paperwork more than other courts in our experience. Therefore, doing the bare minimum is unwise. Spouses should include comprehensive declarations and specify the facts, evidence, and their requested relief in detail as attachments to the FL-300 form.

Discovery is the formal request for information. Some examples of discovery include:

• Interrogatories
• Requests to produce documents
• Requests to admit facts as true
• Requests to admit documents are genuine
• Oral deposition
• Subpoena for deposition testimony, documents, or both

These are the most common discovery tools. However, there are more.

In Los Angeles County, either party may request their case be set for trial.

In order to make this request, a party must file a local form called "Request for Trial Setting".

The local form number is FAM 014. After filing the Request for Trial Setting form, the court will schedule a Trial Setting Conference and will provide written notice of that conference to the parties in the case. When you appear at the Trial Setting Conference, the judge will ask you several questions.

These questions include but are not limited to, what issues are unresolved, what discovery remains in the case, and whether there is a possibility of settlement.

After receiving answers from each party, the judge will order the parties to prepare, serve, and file various documents prior to the next hearing.

The documents each party must prepare serve and file, include, but are not limited to, each party's Final Declaration of Disclosure, Trial Brief, Witness List, Exhibit List, Income and Expense Declaration, and appraisals or other forensic reports intended to be used at trial. At your Trial Setting Conference, the judge will either continue the Trial Setting Conference to a new date or schedule a Trial Readiness Conference.

When you return to court for the continued Trial Setting Conference or Trial Readiness Conference, the judge may make additional orders necessary for your case to be considered ready for a trial. The parties and their attorneys must be prepared to discuss the issues in their case, prepare for trial, their efforts at settlement, and their trial time estimates.

If there is a possibility of settlement, the judge may set the case for a settlement conference, a mandatory settlement conference, or a family-centered case resolution. The judge will only schedule a settlement conference or a mandatory settlement conference if the parties confirm they believe they can settle some or all of the issues in their case with assistance from the Court.

All parties and their respective attorneys must appear at these conferences. Additionally, as required by the local rules, each party's respective attorney must hold at least one face-to-face or telephonic settlement discussion and make a full exchange of all pertinent and information.

Note, without good cause, a party failing to comply with the judge's trial setting and or trial readiness orders may result in monetary sanctions and evidentiary sanctions. The judge may set an Order to Show regarding sanctions against the non-complying party.

After complying with the judge's orders made at the Trial setting Conference or Trial Readiness Conference, the judge will determine if your case is ready to be set for trial. The judge will not set your case for trial if a party has not complied with the orders.

Basically, the judge has the parties do all of the work necessary for a trial before a trial date is set to ensure the trial dates are not continued due to a party, or the parties, needing more time to prepare. By the time the judge sets a trial date, the parties have exhausted all possibility of settling the issues and the only work left is for the parties to prepare for the trial itself, including preparation of their direct and cross-examination of witnesses, including the parties, preparing their opening and closing statements, and preparing and filing any necessary pre-trial motions.

If the parties have complied with the Trial Setting Conference or Trial Readiness Conference orders, then the case will be set for trial and assigned to a judge who will hear your trial.

The judge may or may not be the same judge assigned to your case for all purposes. The judge orders the parties to attend a scheduling conference with their trial judge. At the scheduling conference, the trial judge will select the trial date or dates and will make additional orders regarding motions, pleadings, and/or documents to be filed and/or served prior to the scheduled trial dates.

These motions, pleadings, and/or documents include but are not limited to Motions in Limine, amended trial briefs, final exhibits and witness lists, and the exhibits themselves.

These orders are meant to ensure the trial runs smoothly and there are no delays. The next time you see the trial judge will be the first day of trial.

The divorce trial process is very similar to trials in other California counties.

To learn more about divorce trials, visit our Guide on California Divorce Trials.

Ex Parte Application

An ex parte application and order, including notice thereof, must comply with California Rules of Court, rules 5.151-5.169, except for good cause shown or as otherwise provided by law. In a Domestic Violence Prevention Act proceeding, an application may be made without notice pursuant to Family Code section 6300.

Restraining Order Ex Parte Application

An Ex Parte application for temporary restraining order or other order under the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.) and other ex parte application for temporary restraining order in a matter specifically assigned to the Family Law Division may be presented to the department designated for such purpose by the court on any court day from 8:30 a.m. until 11:30 a.m., and from 1:30 p.m. until 3:30 p.m.

Family Law Ex Parte Application

Timing. A party bringing an ex parte application on a ground other than specified in subsection (a)(1) above, for which notice was provided, must present it for filing before 10:00 a.m. of the day for which notice was provided. If notice was not provided, a party must present the application for filing before 10:00 a.m. of the day on which the applicant seeks the order.

Presentation of Application. A party must present the ex parte application for filing in the Clerk's Office of the district courthouse to which the case is assigned through the Clerk's Office's resource account, by fax filing, by drop-box filing or by physical delivery (advance appointment is necessary).

Opposition

A party must present for filing any papers in opposition to the ex parte application before 10:00 a.m. of the day for which notice was provided in the Clerk's Office of the district courthouse to which the case is assigned through the Clerk's Office's resource account, by fax filing, by drop-box filing or by physical delivery (advance appointment is necessary). The deadline for filing opposition to an ex parte application for which no notice was given will be determined by the court. A party opposing an ex parte application who does not present a written opposition may request a hearing by 10:00 a.m.

Hearing

The court may make emergency orders based on the documents submitted or may set a hearing before ruling on an ex parte application. The court will provide reasonable notice of such hearing to permit in-person or remote appearances.

Service

A party bringing an ex parte application and a party providing written opposition must serve the papers on the other party or on the other party's attorney at the first reasonable opportunity.

Calendaring A Noticed Motion and Trial

Request for Order and Other Noticed Motion: A request for an order and other motion hearings are set at 8:30 a.m. on court days not otherwise reserved for trials or other proceedings, unless otherwise ordered by the court. At the time of presenting the request or other motion, the filing clerk will set the matter in the assigned department only on the days available therefor. The moving papers must include on the face page and caption of form FL-300 the exact nature of the request for order or other non-Family Code request that is included in the request or motion.

Trials and Family Code Section 217 Hearings

The department to which the case is assigned will set trial, a Family Code section 217 hearing, and related proceedings pursuant to Local Rule 5.13 at times and days available in that department.

The parties must completely fill in all blanks on financial declarations (including the Income and Expense Declaration), as required by California Rules of Court, rule 5.92. If a party claims that a previously-filed financial declaration is "current" within the meaning of California Rules of Court, rule 5.427(d), a copy must be attached to the moving or responding papers.

In addition to the schedules and pay stubs required to be attached to the Income and Expense Declaration, the parties must bring to the hearing copies of state and federal income tax returns (including all supporting schedules) and all loan applications (whether or not the loan was granted) for the last two years.

In determining the proper amount of temporary spousal support, the court may use the guideline developed in Santa Clara County.

It is the intent of the court to provide judicial assistance and management to the parties in family law cases in order to focus on early resolution of cases through settlement, expedite the processing of cases, and reduce the costs of litigation. (See Fam. Code, § 2450.)

The court may hold a status conference at the first hearing calendared by a party after the response to the Petition is filed. At the status conference, the court may review the progress of the case, identify unresolved issues, develop discovery plans and discuss the possibility of settlement.

At the status conference, counsel must inform the court of the following matters:

• the attendance of both parties at parents and children together ("PACT") or completion of the on-line program available through the court's website, and Family Court Services mediation;
• the service by both parties of a complete Preliminary Declaration of Disclosure;
• the filing with the court of a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration;
• the readiness of the parties to participate in mediation;
• the appropriateness of referral to arbitration;
• the willingness of the parties, to limit, schedule or expedite discovery, including the willingness to provide the opposing party, without a discovery request: (a) the name, address, and telephone number of each individual likely to have discoverable information that supports the party's disclosures, and (b) a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody or control of the party and that supports the party's disclosures;
• the appropriateness of implementation of a family centered case resolution plan pursuant to Family Code section 2451; and
• the willingness of the parties to stipulate to the appointment of court experts, and allocate the expert's expense, or to schedule a hearing for the appointment and expense allocation of court experts.

At any status conference, the court may:

• schedule disclosure of expert witnesses, by stipulation;
• inquire whether issues can be narrowed by stipulation and set dates for the filing of stipulations;
• set dates for further status conferences, as needed, and no less often than every six months;
• set dates for other events that must take place before the next status conference;
• set the date for trial and/or settlement conferences; and
• take such other action, as permitted by law, which could promote the just and efficient disposition of the case.

Appearance by counsel at any status conference, either in person or by telephone (if approved in advance by the court), is mandatory.

Failure to appear will result in the setting of an order to show cause why sanctions should not be imposed. No appearance is required if excused by the court, a judgment has been filed, or the case has been dismissed.

A party may request that the case be set for trial by filing the court's Request for Trial Setting form number FAM 014, by request for order, orally, or as otherwise directed by the court.

The department to which the case is assigned, upon finding that the case is ready for trial setting, may, in its discretion, transfer the case to Department 2, or to another department, for all trial setting, trial readiness and trial settlement related matters, from which the case will then be re-assigned for trial to any available trial department, which could include the department originally assigned. The department originally assigned will continue to handle all other non-trial and post trial proceedings.

The parties will be notified in open court or by mail of the date and time of the trial and/or pre- trial proceedings.

The parties are required to provide the court with reasonable and accurate time estimates for trial. Unless otherwise ordered, trial counsel and the parties must appear at the trial setting conference in person.

In the event that the case settles, the parties must immediately notify the court, so that the trial date may be vacated.

At a Trial Readiness Conference ("TRC") or other trial setting proceeding the court may make orders deemed necessary for the case to be considered ready for trial and may set the case for a Settlement Conference ("SC"), Mandatory Settlement Conference ("MSC"), Family Centered Case Resolution ("FCCR"), Arbitration, or other Alternate Dispute Resolution proceedings.

All parties and trial counsel must appear personally at the Trial Setting Conference, FCCR, TRC, SC, MSC, Arbitration, or other Alternate Dispute Resolution proceeding unless otherwise ordered, and comply with Local Rule 5.9.

The court's role at the TRC, SC, or MSC is to assist the parties in settlement negotiations. Prior to a TRC, SC, or MSC, counsel must hold at least one face-to-face or telephonic settlement discussion, and make a full exchange of all pertinent information. The parties must be prepared to discuss the issues in the case, preparedness for trial, efforts at settlement, and trial time estimates.

Pre-Trial Orders

Unless otherwise ordered, not less than seven calendar days before a SC, MSC, Arbitration, or other Alternate Dispute Resolution proceeding, each party must serve on the other the following:

• A conformed copy of the Declaration Regarding Service of Preliminary Declaration of Disclosure (form FL-141);
• A current Income and Expense Declaration (form FL-150) as required by Family Code section 3665 and California Rules of Court, rule 5.260, and Local Rule 5.9. The parties must attach pay stubs for the last two months. If self-employed, the parties must also attach a Profit and Loss Statement for the past two years or a Schedule C from their last tax return. The parties must completely fill in all blanks on financial declarations. "Unknown", "minimal" and "TBD" are not acceptable answers. The parties must bring to court copies of last year's State and Federal Income Tax Returns, including all supporting schedules;
• A Schedule of Assets and Debts (form FL-142), Property Declaration (form FL- 160), Propertizer, or equivalent balance sheet. The parties must list community property and separate property assets and debts with a proposed division, as well as accurate fair market values and loan balances as of the current date and at the date of separation, if applicable. "Unknown", "minimal" and "TBD" are not acceptable answers;
• An exhibit list. The parties must exchange all non-impeachment exhibits to be offered at trial. The exhibits must be consecutively numbered as directed by the court. Exhibits must be pre-marked. Exhibits of more than one page must be given page numbers. The parties must bring the exhibits to the SC, MSC, Arbitration, or other Alternate Dispute Resolution proceeding;
• A list of all non-party, non-impeachment witnesses, their address and current phone numbers. The list must briefly describe each witness' testimony with specificity and provide an estimate as to the time needed for direct and cross examination. Witness List (form FL-321) may be used for this purpose; and
• Appraisals or other forensic reports intended to be used at trial.

Contents of the SC or MSC Brief. An SC or MSC Brief, if ordered by the court, must contain the following:

• The times and dates of the MSC and the trial, set forth in the caption;
• All relevant statistical facts, including the date of marriage, date of separation, length of marriage (in years and months); and the number and ages of minor children;
• A recitation of the facts of the case and its procedural history, identifying all previous orders bearing on any matter in dispute;
• Each party's specific proposals regarding child custody and child and/or spousal support, together with computer support printouts if applicable;
• The proposed division of community assets and community debts;
• The amount of any attorneys' fees, experts' fees, or costs being requested.

Sanctions for Failure to Comply with Trial Readiness Requirements Ordered by the Court. The failure, without good cause, to follow these orders may result in sanctions including monetary sanctions under Code of Civil Procedure section 177.5, California Rules of Court, rule 5.14, attorney's fees under Family Code section 271, evidentiary sanctions including exclusion of non-impeachment documents and witnesses not timely disclosed, and may result in vacating existing trial dates.

Continuance

The trial date cannot be continued by stipulation of the parties. At a hearing before the court, the court may, in its discretion, continue the trial date upon a showing of good cause. (See Cal. Rules of Court, rule 3.1332.)

Pre-trial Filings

The court may, at its discretion, order counsel to comply with all or part of the disclosures and pleadings required for an MSC. (See Local Rule 5.14.)

A party seeking attorneys' fees, experts' fees, or costs must comply with California Rules of Court, rule 5.427.

All exhibits listed in a party's exhibit list exchanged pursuant to the TRC, MSC, or other court order must be pre-marked and exchanged at least five court days prior to the initial date set for trial. Absent a showing of good cause, exhibits not pre-marked and exchanged will not be received in evidence.

Before trial begins, unless otherwise ordered, counsel and self-represented parties must submit to the clerk all pre-marked exhibits and a second "working" copy for the court. Voluminous exhibits should be placed in a binder with appropriate tabs. (See Local Rules 3.52 and 3.53 regarding marking of exhibits for trial.)

Trial Procedure

Counsel should read and be familiar with Local Rules 3.37-3.159 regarding civil trial procedure.

In every case in which the court asks a party to prepare and file a judgment, counsel for the party so ordered must serve the proposed judgment on opposing counsel for approval as to form and file the approved judgment with the court. If the party ordered to prepare the judgment fails to do so, or if the opposing party files objections to the proposed judgment within ten days of service, the opposing party's counsel may prepare and submit a proposed judgment to the court with a proof of service on the other party.

At the time the court orders the judgment prepared, the court will set an order to show cause re: entry of judgment. If the judgment approved as to form is received prior to this hearing, no appearance is necessary. If no judgment is received, sanctions may be imposed.

Bifurcated Status Only Judgments

Parties in action for dissolution may file a bifurcated judgment on the issue of marital status only. The box on the Judicial Council Judgment form (FL-180) must be checked which provides that jurisdiction is reserved over all other issues and all present orders remain in effect.

A Preliminary Declaration of Disclosure with all required attachments must be served on the nonmoving party with the proposed judgment, unless it has been served previously and a proof of service is filed with the court.

Stipulated Judgments on Further Reserved Issues

When all remaining issues have been resolved, a Stipulation for Judgment or Further Judgment Upon Reserved Issues may be submitted to the court without appearance. The proposed judgment must comply with the California Rules of Court. The following forms must be submitted:

• Original and three copies of the judgment;
• The court will retain the original and one copy;
• If child support has been ordered, the judgment must be accompanied by:
• A Stipulation to Establish or Modify Child Support and Order;
• If appropriate, an Order/Notice to Withhold Income for Child Support;
• If appropriate, a Stay of Service of Earnings Assignment Order;
• An Appearance, Stipulation and Waiver, including a stipulation that the matter may be heard by a commissioner sitting as a judge pro tempore;

Declaration Regarding Service of the Final Declaration of Disclosure

If the Declaration Regarding Final Declaration of Disclosure is waived, the waiver must be a separate waiver, not included within the judgment;

• Original and two copies of the Notice of Entry of Judgment; and
• Two self-addressed, stamped envelopes, addressed to each counsel.