Request for Order or FL 300

If you have been served with a Request for Order or FL 300 by an attorney, you may be wondering what to do next.

A Request for Order or FL 300 is a request for a court hearing asking the Judge to make certain orders on your case. This could be an order for temporary custody/visitation, child support, spousal support, or attorney’s fees. The Court will typically set a hearing for more than 3 weeks from the date the RFO is filed.

You are required to show up on the hearing date listed on the first page of the RFO.

If you disagree with the requests made in the papers given to you, you should file a Response to the RFO or FL -320.  If the motion was not properly served, you can also consider a motion to quash.

The responding party may use FL 320 to seek affirmative relief different from that requested by the moving party on the same issues raised by the moving party.  Family Code 213.  Be careful because a Responsive Declaration cannot be used to request affirmative relief on issues not raised by the moving party.  For example, if the RFO requests child custody, the Responsive declaration cannot request spousal support.

All responsive papers must be served and filed no later than nine court days before the hearing.  Keep in mind that while frustrating, late responsive papers are often still read by the Court and you the Court will look at any documents presented to it before your hearing.

If you have been served with a Request for Order or FL 300 by an attorney and have questions, contact Gordon Family Law for help.   You can contact me at Amanda@gordonfamilylaw.com for more information.  

What is an Order Shortening Time?

Experienced Bay Area family law attorneys will tell their clients that an order shortening time is a court procedure used by litigants to get in front of Court faster than a normal request.  Orders shortening time are most frequently granted when the court believes that hearing the case more quickly is necessary to fully protect the moving party’s interests upon a showing of urgency or exigent circumstances.   An example of this is when one spouse is in need of immediate financial support.   Orders shortening time are most frequently used when ex parte relief is not appropriate.

If you have been served an Order Shortening Time, you may want to speak to a lawyer to find out whether you can contest the Order Shortening Time or if you need to prepare in a certain way for Court.You can contact me at Amanda@gordonfamilylaw.com for more information.

Common Family Law Acronyms

Many clients and attorneys are shocked by the number of acronyms used in family law. Here is a list of the common family law acronyms used in San Francisco Bay Area Family Law custody and divorce cases.

ATRO: Automatic Temporary Restraining Order

DCSS:  Department of Child Support Services

DOM:  Date of Marriage

DOS:   Date of Separation

DVRO:  Domestic Violence Restraining Order

EPO:  Emergency Protective Order

I&E:  Income and Expense Declarations

MSA:  Marital Settlement Agreement

MSOL:  Marital Standard of Living

PDD:  Preliminary Declaration of Disclosure

QDRO:  Qualified Domestic Relations Order

RFO: Request for Order

SAD: Schedule of Assets and Debts

TRO: Temporary Restraining Order

UCCJEA:  Uniform Child Custody Jurisdiction and Enforcement Act

UPA: Uniform Parentage Ac

How much will my divorce cost?

The cost of divorce depends on which approach you take.  Keep in mind that just because an approach is cheaper does not mean it is the best fit for your family.

$ DIY Divorce

Doing it yourself is the cheapest way to divorce. You can probably get away with a do-it-yourself divorce and pay only the filing fees you have been married for a very short time, have no children, do not own any real property, and have very few assets and no debt. Typical costs are $500 per couple.  

$$ Mediated Divorce

Mediators charge an average of $300 per hour, per couple. If you and your spouse have only a few issues to hammer out, you may need only one or two mediation sessions, however, my experience has been that most couples need at least 3 sessions. Couples with more complicated issues such as a small business or children will need more time with their mediator. Typical costs are $2,500 to $5,000 per couple.

$$$ Collaborative Divorce

Collaborative Divorce is cheaper than a traditional litigated divorce and the collaborative divorce still includes two attorneys and allied team professionals. Typical costs are $15,000 to $25,000 per couple.

$$$ Litigated Divorce

Generally, a litigated divorce is very expensive. The average adversarial divorce in the U.S. costs between $10,000 and $30,000 per couple.  Couples with high levels of conflict will see the costs rise because you must pay for each attorney to prepare for the initial hearings, conduct a formal discovery process, attend meetings with the other lawyers, gather expert opinions, draw up a settlement and come to a formal agreement.  

You can contact me at Amanda@gordonfamilylaw.com for more information.

Post Divorce Checklist

Did you get divorced recently? Once all the dust has settled, here is a checklist of items to help you separate your financial affairs.

Bank and Investment Accounts
Open individual checking and savings accounts and be sure to close any remaining joint accounts, other than any designated children’s expense accounts
If assets are being transferred from a joint account to a separate account, be sure the company handles them as in-kind transfers when needed to avoid any unexpected tax consequences.

Property
Transfer ownership on all real estate deeds and be sure they are recorded at the appropriate county recorder office.

Complete any refinancing or mortgage assumptions necessary.
Transfer ownership and registration for any automobiles, boats, etc. and be sure they are recorded with the appropriate DMV office.
Be sure any auto loans, etc. are refinanced as needed.
 

Retirement Accounts
Review and update the beneficiary designations on all of your retirement and pension accounts. If there are retirement accounts to be transferred, provide the custodian with a copy of the settlement in order to get them processed. And if a QDRO is required to split a qualified retirement account, confirm that the plan administrator has accepted it and that it has been filed with the court.

Debts
Open individual credit card accounts.
If necessary, transfer any credit card/loan balances into your own name and then close joint accounts.

Insurance
If health insurance plans will change, obtain COBRA coverage or start a new individual policy.
Update any homeowners, umbrella, auto, etc., insurance policies.
If appropriate, obtain a life and/or disability insurance policy on the payor of child or spousal support to protect income should the payor die.  The recipient of support should be both owner and beneficiary, and should control payment of premiums.
 

Estate Planning
Review and update your will and/or trust, and be sure to designate guardians for your children if necessary.
Update any health care proxy and power of attorney documents.

Taxes
If in your settlement, complete IRS form 8332 in order to transfer child dependency exemptions to the non-custodial parent.
Review your tax withholding allowances and determine if any estimated quarterly payments might be necessary.

You can contact me at Amanda@gordonfamilylaw.com for more information.