Frequently Asked Questions

WHAT MUST I KNOW ABOUT DISSOLUTION IN CALIFORNIA?

WHAT IS LEGAL SEPARATION?

WHAT IS A NULLITY OR ANNULMENT?

WHAT IS A RESIDENCY REQUIREMENT?

WHAT IF MY PARTNER DOES NOT AGREE TO DIVORCE?

WHAT IS NO FAULT DIVORCE?

CAN I FILE FOR DISSOLUTION OF DOMESTIC PARTNERSHIP IF WE DID NOT REGISTER OUR PARTNERSHIP WITH THE STATE OF CALIFORNIA?

HOW LONG BEFORE MY DIVORCE / DISSOLUTION IS FINAL?

HOW DO I FILE FOR DISSOLUTION, LEGAL SEPARATION OR NULLITY?

I RECEIVED MY FILED JUDGMENT. WHAT DOES IT MEAN?

I BELIEVE THAT I AM THE FATHER OF A CHILD, HOWEVER THE MOTHER WILL NOT ACKNOWLEDGE ME. HOW CAN I ESTABLISH MYSELF AS THE FATHER?

WHAT IS A DECLARATION OF PATERNITY FORM?

I AM NOT AN ADULT (18 YEARS OF AGE.) CAN I SIGN A DECLARATION OF PATERNITY FORM?

I SIGNED A DECLARATION OF PATERNITY FORM, BUT NOW I AM NOT SURE THAT I SHOULD HAVE. CAN I CANCEL THE FORM?

I SIGNED A DECLARATION OF PATERNITY IN THE HOSPITAL WHEN MY CHILD WAS BORN. HOW CAN I GET A COPY OF IT?

I AM NOT MARRIED TO MY CHILD’S FATHER/MOTHER, HOW CAN I GET HIM/HER TO PAY CHILD SUPPORT?

WHO HAS ACCESS TO INFORMATION IN A PATERNITY CASE?

HOW CAN A FATHER GET HIS NAME ON A CHILD’S BIRTH CERTIFICATE?

FEES

What if I can’t pay the filing fees?

You may apply for a waiver of court fees and costs by submitting an Application and Order for Waiver of Court Fees and Costs (forms FW-001, FW-003). The court will determine whether the waiver would be appropriate.

What are my options if my petition is cancelled due to non-payment?

Once a Petition is cancelled, a new Petition with the appropriate filing fee is required.

WHAT METHOD OF PAYMENT DOES THE CLERK’S OFFICE ACCEPT?

FILING

WHERE CAN I GET COURT FORMS?

HOW CAN I VIEW MY COURT FILE?

HOW DO I REQUEST COPIES?

If there isn’t a form that fits my request, what should I do?

You may type your request on pleading paper and submit it to the court for filing. Pleading paper may be obtained through the Self-Help Center.

Can I use another state’s form and alter it to fit California?

No, if there is no form for your request or filing, you may submit your writing on pleading paper using the same format as a Judicial Council form.

Can documents be faxed to the court?

No, not in Family Law at this time.

Can I file documents in Orange County for a case in a different county?

No, you may only file documents in the county where the case resides.

GENERAL

Where is Lamoreaux Justice Center located?

Please see Court Locations page

Who is the Petitioner and who is the Respondent?

The Petitioner is the party who started the case, and the Respondent is the opposing party.

WHAT IS THE CLERK’S OFFICE?

WHERE IS THE FAMILY LAW CLERK’S OFFICE LOCATED?

HOW DO I SEARCH FOR MY CASE NUMBER?

What if I don’t know my minor child’s date of birth or residence information?

Because a Declaration Under Uniform Child Custody and Jurisdiction Enforcement Act (form FL-105) is required for any new case or Response filing, this information must be available at the time of filing. If this information is not available, the documents should be resubmitted once the information has been obtained.

How many copies am I supposed to bring, and can you make copies for me here?

It is always a good idea to bring the original and at least two copies of any document you file with the court; one copy for your records and one copy for service. The Court is willing to assist by making you a single copy of your documents at our standard copy rate.

How do I go about getting my case transferred to the county I now live in?

You may file a Motion for Change of Venue, using the Notice of Motion (form FL-301), along with the transfer fee, and the first appearance fee for the county where the action is to be transferred. Once granted, our clerks will forward the case file and fees to the new location. For more information on changing venue, please see Code of Civil Procedure 397, 399.

How to I stop a divorce action?

A divorce action may be stopped by filing a Request for Dismissal (form FL-618). If the opposing party has appeared, then both parties will need to sign this document.

Does the case expire after a certain time if I don’t do anything with it?

Pursuant to Codes of Civil Procedure sections 583.310 and 583.210, a family law case may be dismissed after 3 years if not served, or 5 years if not completed with a Judgment or brought to trial if there have been no support orders made in the case. Before filing a new case, we encourage parties to verify if their existing case is still active.

How do I change my attorney of record?

You may change your attorney of record by filing a Substitution of Attorney (form MC-050). This form requires your signature, the former attorney’s signature, and the new attorney's signature, prior to filing.

What if my attorney has been disbarred or is deceased?

If the attorney has been disbarred or is deceased, you may attach a photocopy of the State Bar website record to your Substitution of Attorney (form MC-050).

What’s the fastest way to finish my case?

This will vary with your circumstances, but if the responding party is cooperative the stipulated Judgment path is typically fastest, as it can be submitted with a Request to Enter Default (form FL-165) 30 days after serving the Petition and Summons. In cases where the responding party is uncooperative or unresponsive, typically a default hearing is faster. This can be obtained by filing a Memorandum for Setting for Hearing (form L-0124) with your Request to Enter Default. If the responding party has filed a Response and wishes to contest the issues raised in the Petition, then you may file an At-Issue Memorandum (form L-0031) to obtain a trial.

Can I send a letter to the judge for him/her to read regarding my case.

No, you may not write directly to the judge. Any information you wish the court to know regarding your case must be presented in the proper legal format, submitted for filing and served on the other party.

I thought my divorce was final, but I’m told it’s not. What do I do now?

You may want to review your file to be sure what has happened so far, then visit the Court’s Self-Help Center or seek further legal advice as to how best to proceed from there.

Does the court serve the documents for me?

The Superior Court does not serve documents on behalf of litigants.

How do I get legal advice?

Please see our Legal Resource Information Sheet.

What’s the difference between an annulment (nullity), a divorce (dissolution), and a legal separation?

• An annulment is a request to make a marriage or registered domestic partnership entered under false pretenses void. For specific legal reasons for annulment please refer to Family Code §§ 2200, 2210.
• A dissolution terminates a legal marriage or registered domestic partnership. It also addresses any relevant matters of property, spousal support, and child custody, visitation, and support. For information please refer to Family Code § 2310.
• A legal separation does not terminate marital or registered domestic partnership status. It does address relevant matters of property, spousal support, and child custody, visitation, and child support. For more information please refer to Family Code § 2310.

Am I done after I file my Petition?

No, a case is not final until a Judgment has been entered and all issues have been resolved in the case. There are several steps to take before a Judgment can be approved by the Court.

I filed my petition and summons. When do I see the judge?

• If you wish to see the judge you must file documents to request a hearing.
• If a Request to Enter Default (form FL-165), or Appearance, Stipulation and Waiver (form FL-130) has been filed, please submit a Memorandum for Setting for Hearing (form L-0124) to schedule your hearing.
• If a Response (form FL-120) has been filed, please submit an At-Issue Memorandum (form L-0031) to schedule your Trial Setting Conference.
• If you wish to ask the Court for a temporary order, good until you reach trial, to address issues of child custody, child visitation, child support, attorney fees and costs or spousal support please submit an Order to Show Cause (form FL-300) to schedule your hearing.
• If you wish to address any other matters please submit a Notice of Motion (form FL-301) to schedule your hearing.

What if there’s something wrong with my Petition and Summons? Do I have to file new forms to correct the problem?

In most cases where there is an error on the Summons, the court encourages litigants to file a second Summons Issued. In cases where the Petition is incorrect, or the requests being made of the court need to be changed, you must file an Amended Petition and a Summons on Amended Petition. This also means that the Amended Petition and Summons on Amended Petition will need to be served. The jurisdiction date will be based on the first valid service on the Respondent or the Respondent’s first appearance, so if the names appeared correctly on the original Petition and Summons, then the service will still be acceptable to the court even if the Amended Petition and Summons on Amended Petition were issued later than the original service. Any time a Response has already been filed, or a previous Amended Petition and Summons on Amended Petition have been filed, the Petitioner must get permission from the court to file the new Amended Petition and Summons on Amended Petition.

Does the serving party have to complete a proof of service, or can the Petitioner/Respondent complete it?

The proof of service must be completed by the serving party, as it is a declaration under penalty of perjury.

I don’t know where the other person is; how can I serve them?

When the other person’s whereabouts are unknown, the petitioning party may serve by publishing the Summons in a local newspaper. This is done by filing an Application and Order for Publication of Summons or Citation (form L-254). Once the publication has been completed, and a Proof of Publication has been filed, then a Request to Enter Default can be filed after the thirty-day response period has elapsed. If you cannot afford to serve by publication and have a Fee Waiver, you may apply to serve by posting.

What if I can’t re-serve the other party because I don’t know where they live and there is something wrong with my Petition, Summons, or Proof of Service?

This solution should be taken on a case by case basis, however in many cases where re-service would be very difficult, the Petitioner may write a declaration to the court requesting that they accept the original service of the Petition and Summons and correct the error in the paperwork. This is called a Declaration and Order, and there is no court form for this, it must be written on pleading paper or on the Declaration (form MC-030). It should be noted that this can be requested for typographical or clerical errors on paperwork, but not in cases where no actual service has taken place.

What if I don’t want to get divorced?

California is a no-fault divorce state; if one person requests a divorce, they are entitled to do so, the other party cannot object. Item number 7 of the Response (form FL-120) permits the Responding party to answer the Petition without agreeing to the grounds set forth in the Petition.

What if I don’t want to respond?

If you opt not to respond, the Petitioner may submit a Request to Enter Default (form FL-165), allowing them to proceed without your presence or input as to the resolution of the issues.

Am I done after I file my Response?

No. A case is not final until a Judgment has been entered and all issues have been resolved in the case. There are several steps to take before a Judgment is reached.

Why do I need to submit an At-Issue Memorandum (form L-0031)?

If you and the other party are unable to reach an agreement, this form will allow you to obtain a trial on the grounds set forth in the Petition and Response.

What is a jurisdiction date?

A jurisdiction date is the date the Petition and Summons were served. That date will be determined by the method of service pursuant to Code of Civil Procedure § 417.10.

What is a default?

A default allows the Petitioning party to proceed in a Family Law case without the other party’s Response. A default may be obtained thirty days after the Petition and Summons have been served if no Response has been filed. To request a default the Petitioner must file a Request to Enter Default (form FL-165) along with a Proof of Service (form FL-115).

WHO HAS TO PAY CHILD SUPPORT?

WILL I STILL HAVE TO PAY CHILD SUPPORT IF MY PARENTAL RIGHTS HAVE BEEN TERMINATED?

CAN PARENTS AGREE ON A SUPPORT AMOUNT WITHOUT GOING TO COURT?

HOW DOES THE COURT DECIDE HOW MUCH THE CHILD SUPPORT AMOUNT SHOULD BE?

HOW DOES THE COURT DETERMINE “INCOME” FOR CALCULATING CHILD SUPPORT?

HOW DOES THE COURT DETERMINE “TIMESHARE” WHEN CALCULATING CHILD SUPPORT?

HOW LONG DO I HAVE TO PAY CHILD SUPPORT?

WHEN CAN CHILD SUPPORT BE RAISED OR LOWERED?

WHAT IF SUPPORT IS BEING REQUESTED FOR MORE THAN ONE CHILD?

WHAT IS “MEDICAL SUPPORT?”

WHAT IS EARNING CAPACITY?

CAN THE COURT ORDER A PARENT TO WORK?

WHAT IF I HAVE A CHILD SUPPORT ORDER AND THE OTHER PARENT LIVES IN A DIFFERENT STATE OR COUNTRY?

HOW DO I OPEN A CHILD SUPPORT CASE?

WHAT IS THE DEPARTMENT OF CHILD SUPPORT SERVICES?

How do I stop a wage garnishment?

You may file a Notice of Motion (form FL-301) requesting the removal of a wage garnishment order. This will schedule a hearing where the issue may be addressed. Please contact the Family Law Facilitator’s office for specific information.

DEFINITION OF LEGAL CUSTODY

DEFINITION OF PHYSICAL CUSTODY

VISITATION OF CHILDREN

WHAT IS A PARENTING PLAN?

WHERE CAN THE OTHER PARENT AND I GET HELP COMING UP WITH A CUSTODY AND VISITATION ARRANGEMENT THAT WE BOTH CAN LIVE WITH?

DO I NEED TO FILE FOR A DIVORCE OR LEGAL SEPARATION IN ORDER TO GET CUSTODY AND/OR VISITATION ORDERS?

I HAVE FILED FOR A DIVORCE, DO I HAVE TO WAIT UNTIL THE DIVORCE IS FINAL TO GET CUSTODY, VISITATION AND SUPPORT ORDERS?

I RECEIVED PAPERS ASKING THE COURT TO ORDER CUSTODY AND VISITATION FOR MY CHILD. WHAT CAN I DO TO MAKE SURE THE COURT KNOWS WHAT I WANT?

I FEEL THAT MY CHILDREN’S FATHER/MOTHER MAY NOT BE TAKING GOOD CARE OF THEM WHEN THEY ARE WITH HIM/HER. HOW CAN I PROTECT MY CHILD AND STILL ALLOW MY CHILD TO VISIT?

THE COURT ORDERED A CHILD CUSTODY EVALUATION. WHAT DOES THIS MEAN?

WILL THE COURT CONSIDER WHAT MY CHILDREN WANT WHEN IT MAKES A DECISION ABOUT THEIR CUSTODY AND VISITATION?

HOW TO CHANGE (MODIFY) A CHILD CUSTODY ORDER

WHAT IF CUSTODY AND VISITATION ORDERS WERE MADE IN ANOTHER COUNTY OR STATE AND I WANT TO FILE FOR A CHANGE IN THOSE ORDERS?

THE OTHER PARENT THREATENED TO TAKE THE CHILDREN AND NOT TELL ME WHERE THEY WILL BE. WHAT CAN I DO TO KEEP THIS FROM HAPPENING?

HOW DO I GIVE NOTICE THAT I WILL BE ASKING THE COURT TO MAKE EMERGENCY TEMPORARY ORDERS?

What forms do I need to get custody/visitation of my grandchildren?

There is no specific form to file requesting custody and/or visitation for a grandparent. If you are requesting visitation only, you may open a case by completing a pleading paper petition. Or, if the parents are involved in a divorce or paternity case, you may file a Notice of Motion (form FL-301) and Declaration for Joinder (form FL-371), to add yourself to the case. However, if you are requesting custody, you will need to look into guardianship actions which are done through the Probate Unit of the Court. Guardianship clinics are offered by the Court.

What can I do if the other party isn’t following custody orders?

You may file an Order to Show Cause and Affidavit for Contempt (form FL-410) to obtain a hearing.

EMERGENCY PROTECTIVE ORDER

WHO MAY APPLY FOR A DOMESTIC VIOLENCE RESTRAINING ORDER?

WHAT IS THE FILING FEE FOR A DOMESTIC VIOLENCE RESTRAINING ORDER?

HOW LONG DOES IT TAKE TO GET MY ORDER?

CAN THE RESTRAINING ORDER INCLUDE VISITATION, CUSTODY AND SUPPORT ORDERS IF WE HAVE CHILDREN TOGETHER?

HOW DO I GET THE OTHER PARTY SERVED?

WHAT IF I COULD NOT SERVE THE RESTRAINING ORDER IN TIME FOR THE COURT HEARING?

HOW LONG DOES A DOMESTIC VIOLENCE RESTRAINING ORDER LAST?

MY RESTRAINING ORDER IS ABOUT TO EXPIRE. I FEEL THAT I STILL NEED TO BE PROTECTED, HOW CAN I EXTEND THE ORDER?

I HAVE BEEN ACCUSED OF DOMESTIC VIOLENCE AND SERVED WITH PAPERS. HOW WILL THIS AFFECT ME?

I RECEIVED A RESTRAINING ORDER FROM THE COURT, BUT THE RESTRAINED PERSON IS NOT FOLLOWING THE JUDGE’S ORDERS. WHAT CAN I DO?

THE OTHER PARTY AND I RESOLVED OUR DIFFERENCES; CAN I CANCEL THE RESTRAINING ORDER?

Which police department should I go to in order to have my Temporary Restraining Order (TRO) served?

The police department in closest proximity to the respondent’s residence is the ideal place to go for service of a TRO.

Why was my restraining order denied?

Generally, restraining orders are denied when insufficient evidence has been presented or the evidence does not meet the criteria set forth in Family Code 6203, 6211.

How do I remove a Restraining Order issued in a Family Law court?

A Restraining Order may be removed by filing a Request for Dismissal (form CIV-110), which the protected party has signed. However, dismissing a Restraining Order requires judicial approval, and the protected party may be requested to attend a hearing.

EMERGENCY PROTECTIVE ORDER

WHAT IS THE FILING FEE FOR AN ELDER/DEPENDENT ADULT ABUSE RESTRAINING ORDER?

HOW LONG DOES IT TAKE TO GET MY ORDER?

HOW DO I GET THE OTHER PARTY SERVED?

WHAT IF I COULD NOT SERVE THE RESTRAINING ORDER IN TIME FOR THE COURT HEARING?

HOW LONG DOES AN ELDER/DEPENDENT ADULT ABUSE RESTRAINING ORDER LAST?

MY RESTRAINING ORDER IS ABOUT TO EXPIRE. I FEEL THAT I STILL NEED TO BE PROTECTED, HOW CAN I EXTEND THE ORDER?

I HAVE BEEN ACCUSED OF ELDER/DEPENDENT ADULT ABUSE AND SERVED WITH PAPERS. HOW WILL THIS AFFECT ME?

I RECEIVED A RESTRAINING ORDER FROM THE COURT, BUT THE RESTRAINED PERSON IS NOT FOLLOWING THE JUDGE’S ORDERS. WHAT CAN I DO?

THE OTHER PARTY AND I RESOLVED OUR DIFFERENCES; CAN I CANCEL THE RESTRAINING ORDER?

Am I required to serve the Responsive Declaration to Order to Show Cause?

Yes. The Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) must be served on the other party.

What is an ex parte hearing?

An ex parte is a request for a court hearing to deal with emergency circumstances that require immediate attention. See rule 3.1201 of the California Rules of Court.

What will happen at the hearing?

This will depend on the type of hearing, appearances made, and the issues. Generally, the judge will hear arguments from both sides, supporting evidence, and make a ruling on the matters in question. If you would like assistance preparing for your court hearing, you may contact our Self-Help Center.

How do I know when my hearing is?

Your hearing date will be listed on the front page of the hearing documents. If for some reason you do not have your documents, or have not been served with a copy of the papers that include the hearing date, you have several options. You may inquire in the Family Law Clerk’s Office on the 7th floor at the Lamoreaux Justice Center, you may check the calendars posted on bulletin boards in public areas or on the courtroom door, you may go online to www.occourts.org to search your case information or contact our office at (714) 935-6269.

I scheduled a hearing, but can’t take off of work. What are my options?

If you wish to continue your hearing to a different date, you must contact the department the afternoon before the hearing date to request a continuance. They will give you further instruction. If you wish to forego your hearing altogether you can either contact the department to have it removed from calendar, or fail to appear.

I want a telephonic hearing. What do I need to do?

You will need to contact the courtroom and inquire. Please refer to the Department Directory for phone numbers.

Do I have to show up for my hearing?

If you are representing yourself, you should plan to attend the hearing. If you have an attorney, please contact your attorney and let him/her advise you regarding this.

What happens if I don’t show up in court?

This will depend on the nature of your hearing. Generally, if both parties fail to appear, the hearing is taken off calendar. However, if the person who requested the hearing and gave notice appears, but the responding party does not, the hearing will take place as requested.

How do I obtain copies of documents in my file?

The fee for a copy is .50 cents per page and $15 for any document you need certified.

You can request copies by mail by sending your completed Copy Request Form (available on our website) to Superior Court of California, County of Orange, Family Law Division, 341 The City Drive, Orange, CA 92863, Attn: Records Department. Please include a postage paid, self addressed envelope for your copies to be returned to you and a check made payable to the Clerk of the Court. If you do not know the exact charge for the documents you are requesting, please write the amount as “Not to exceed fifty dollars” in the memo section of your check. The court will only charge applicable fees. Please allow ten business days for your request to be processed. Your copies will be returned to you by mail. If this is a confidential paternity file, review the information provide below.

For Paternity cases, please include a copy of valid photo identification with your written request. A valid photo identification can be any of the following:

• drivers’ license,
• Identification Card issued by the Department of Motor Vehicles,
• United States Passport,
• United States Military Identification,
• Naturalization documents with photo identification,
• or a Tribal photo identification.

To obtain copies in person complete a Copy Request Form (available on our website) and visit the Family Law clerk’s office on the seventh floor of the Lamoreaux Justice Center. If your case was opened in 1997 or later, your file is available for viewing on computers in the clerk’s office lobby. For cases started in 1996 or before please submit your request by calling (714) 935-6292 and allow 4 business days for retrieval of the case file or microfiche. The court will contact you when the file is available for viewing. A valid, photo identification is required.

If a case is sealed by order of the court or if you are not a party to a Paternity case you will be required to obtain an order from the judge before you are able to view or obtain any copies.

What type of photo identification may be required?

A valid photo identification can be any of the following:

• drivers’ license,
• Identification Card issued by the Department of Motor Vehicles,
• United States Passport,
• United States Military Identification,
• Naturalization documents with photo identification,
• or a Tribal photo identification.

When will my divorce be finalized?

Your marital status will terminate six months and one day after the jurisdiction date, or on the date your final Judgment is filed, whichever is later. This means once the Respondent has filed a Response/Appearance, Stipulation, and Waiver, or the Petition and Summons are served on the Respondent, the six months and one day start. Remember that jurisdiction is counted differently for different types of service. Here is how jurisdiction is counted:

• Personal service = jurisdiction date is date of service
• Substituted service = jurisdiction date is ten days after follow-up mailing.
• Service by mail and acknowledgment of receipt = jurisdiction date is the date the Notice and Acknowledgement of Receipt is signed.
• Service by certified or registered mail = jurisdiction date is ten days after date of mailing. (Proof of service must have a signed certified mail or registered mail return receipt attached.
• Service by publication or posting = jurisdiction date is 28 days after first date of publication or posting

What if the other party refuses to serve the disclosure documents?

This requirement cannot be waived because it is mandated by law. (Family Code §§ 2104, 2105). Typically, if the opposing party will not serve the disclosure documents, a Notice of Motion to Compel Service (form FL-301) can be filed. The assigned judicial officer can then order the other party to complete service and file the Declaration Regarding Service of the Declaration of Disclosure (form FL-141). You can also file a Notice demanding service, which you would serve on the opposing party. This form is usually typed on pleading paper.

What if the other party has served the disclosure documents, but refuses to complete the Declaration Regarding Service of the Declaration of Disclosure form?

When this occurs you may complete the top caption of the Declaration Regarding Service of the Declaration of Disclosure (form FL-141) with the other party’s information, and indicate in the body of the form that you have an attachment. Then you may complete a pleading paper declaration specifying the date, and manner of service with which you were served the disclosure documents. This requires a signature under penalty of perjury, and replaces the need for their Declaration Regarding Service of Declaration of Disclosure form.

I’m proceeding by default, why do I need the Respondent to serve the disclosure documents, and/or sign my Judgment?

If you and the other party are submitting an agreement, both parties are required to serve the Preliminary and Final Declarations of Disclosure. (Family Code 2101(b)) If the Respondent did not file a Response or sign an Appearance Stipulation & Waiver, then any agreement requires the Respondent’s signature to be notarized. (Family Code 2338.5(a)).

We have an agreement; when can I submit my judgment paperwork?

You may submit your judgment paperwork once a Request to Enter Default (form FL-165) and/or Appearance, Stipulation, and Waiver (form FL-130) has been submitted and both parties have served their disclosure documents, and provided proof to the court using Declaration Regarding Service of Declaration of Disclosure (form FL-141). In fact, you may submit a judgment concurrently with your Request to Enter Default or Appearance, Stipulation, and Waiver.

How long does it take to process a Stipulated Judgment?

Typically, Stipulated Judgments are processed within two working days. This means that your filed or returned documents should be returned to you within 1 1/2 weeks of submission. You can check the status of your filing on our family law website www.occourts.org. If your Judgment packet was returned there will be an entry on the Register of Actions stating “FC 2336 Judgment Returned.” If it has been filed there will be an entry stating "Judgment." This is the fastest way to get the most current information about the status of your filing.

Is a Notice of Entry of Judgment the same as a Judgment?

The Notice of Entry of Judgment states the date the Judgment was entered, what type of Judgment, and what date the marital Status terminates, if any. It is an official notice from the court. The Notice of Entry of Judgment does not contain the terms of the order, which are located in the body of the Judgment itself.

How many copies should I submit?

The court requires one original of all documents and two copies of the following documents:

• Judgment (form FL-180) – one copy required for state statistical reporting, the other will be returned to you. Add a 3rd if you wish the other party receive a copy.
• Notice of Entry of Judgment (form FL-190) – one for each party in the case

We require the proper size self-addressed, stamped envelopes with adequate postage to return copies to you. If you wish for each party to receive copies, please provide the necessary envelopes and postage.

How do I enforce my judgment/order?

Monies ordered paid in a Judgment/Order of the court are enforceable by requesting a writ to be issued by the Court. This is done by filing the Declaration and Order for Writ of Execution (form L-15), and the Writ of Execution (form EJ-130).

Other Judgments/Orders such as visitation or the transfer of property from one party to another may be addressed by filing an Order to Show Cause re Contempt and getting a hearing date to see a Judge. This can be complicated; you may want to seek the advice of an attorney before proceeding.

I RECEIVED MY FILED JUDGMENT. WHAT DOES IT MEAN?

How do I start an appeal?

An appeal may be started by filing a Notice of Appeal (form APP-002) in the Family Law Clerk’s Office. This must be served on all parties to the case before filing your appeal. For more information, please refer to rule 8.100 of the California Rules of Court.

What fees are required for an appeal?

A filing fee and clerk’s transcript deposit are due at the time of filing of the Notice of Appeal. Clerk’s transcript fees will be determined once the parties have requested the contents of their clerk’s transcript by filing their Notice of Designation (form APP-003). Also, the parties must make a deposit for any hearing dates they wish included in the reporter’s transcript. Please see fee schedule for current deposit amount. Please refer to rules 8.100, 8.120, and 8.130 of the California Rules of Court for more information.

Who is the Appellant, and who is the Respondent?

The Appellant is the moving party in an appellate action, and the respondent is the opposing party. These titles are given regardless of the party’s title in the Superior Court case.

What is an appeal transcript?

There are two types of transcripts in an appeal. The first is a clerk’s transcript, which is a compilation of any documents filed in the superior court case that the parties wish reviewed in the appellate court. The second is a reporter’s transcript, which is a record of any superior court hearings that the parties wish reviewed in the appellate court.

What is a writ?

A writ is a court-issued document which may be used by local sheriff’s departments to extract fees and funds owed by one party to another. Typically, these fees are seized from bank accounts, or other financial accounts.

Where do I file the issued writ?

A writ should be deposited with the levying officer (sheriff) nearest to where the moving party wishes the order enforced.