Navigating family law matters in California can be overwhelming, especially when it comes to understanding and meeting crucial deadlines. Missing a deadline in a divorce or custody case can have serious consequences, including losing your rights, sanctions, or delaying the resolution of your case. Below is a guide to some of the most important deadlines you should be aware of in California family law cases.
1. Filing for Divorce or Legal Separation
Residency Requirement: Before filing for divorce, at least one spouse must have lived in California for six months and in the county where the case is filed for at least three months. (California Family Code §2320)
Waiting Period: California has a mandatory six-month waiting period from the date the respondent is served with divorce papers before the divorce can be finalized. This means that absolute earliest you can get a divorce Judgment is 6 months and 1 day from the day that other party is served with the Petition package; no exceptions. (California Family Code §2330)
2. Responding to a Divorce Petition
If you are served with divorce papers, you have 30 days to file a response (FL-120). Failing to respond within this timeframe may result in a default judgment against you, which limits your ability to present your arguments to the court. The Petitioner can submit a Default Judgment that they claim is "fair" but is not really fair to you. (California Rules of Court, Rule 5.62)
3. Temporary Orders for Child Custody, Support, or Spousal Support
If you need immediate orders regarding custody, visitation, or financial support, you can file a Request for Order (FL-300) also called an RFO. After this motion is filed, it must be served on the other party at least 16 court days (not including weekend and holidays) before the hearing. If you are serving them by mail, add 5 days, and if you are serving them by email (which they have to consent to) then add 2 days. I have seen Judge's push hearings out months because the motion was not served on time.
If you are responding to an RFO, your response must be filed and served at least court 9 court days before the hearing. If you are serving by mail, add 5 days, and if you are serving them by email (which they have to consent to) then add 2 days.
If you filed the RFO originally, you can file an optional Reply Declaration at least 5 court days before the hearing.
If you don't meet these deadlines, the Judge may not read your pleadings/declarations.
4. Financial Disclosures
Both parties in a divorce are required to complete and exchange (not filed with the court) Preliminary Declarations of Disclosure (FL-140, FL-150, FL-142) within 60 days of filing the petition or response. These documents disclose income, expenses, assets, and debts. (California Family Code §2105)
After these forms have been served on the other party, DECLARATION REGARDING SERVICE OF DECLARATION OF DISCLOSURE AND INCOME AND EXPENSE DECLARATION (form FL-141) is filed with the court, so the Judge knows that you complied with this requirement.
5. Request for Reconsideration or Appeal
Motion for Reconsideration: If a judge issues an unfavorable ruling, you have 10 days to file a motion for reconsideration from when the order is made. (California Code of Civil Procedure §1008)
Appeal of Family Law Judgment: If you wish to appeal a final judgment, the notice of appeal must be filed within 60 days of service of the judgment or 180 days if no notice of entry was served. (California Rules of Court, Rule 8.104) Appeals are complex and most people elect to hire experienced attorneys rather than trying this step on their own.
8. Contempt Proceedings for Noncompliance
If the other party violates a court order (e.g., failure to pay child support), you can file a contempt motion within three years from the date the violation occurred. (California Code of Civil Procedure §1208.1)
Final Thoughts
Meeting deadlines is crucial in California family law cases. Missing key dates can lead to unfavorable rulings or delays that could impact your financial and parental rights. If you are navigating a divorce, custody dispute, or support issue, it is essential to keep track of deadlines and seek legal advice when needed.
If you need assistance with your case, consider consulting a family law attorney or utilizing self-help legal resources available at your local courthouse. Staying informed and proactive can help ensure the best possible outcome in your family law matter.
Payne Law Group
Family Law Lawyers in Orange County, California
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