Asked 11 months ago - San Diego, CAFlag
My petition has been served personally and all the other forms were also servied by mail. I had two hearings already. Now, when I want to make an amend or update any forms from this point, can a server mail the form to the other party first with a proof of service and then I can file the form and proof of service with the court (possibly a later date)? I always file forms withe the court first then have a friend serve the form to the other party then go back to the court and file the proof of serivce. But I was wondering if I can save a trip to the court and file everything all together? I need to file updated PDD, update Income and Expense, and a Motion.
Some things cannot be served until after they are filed, such as summons and complaint and OSCs. Other things can be served before they are filed, in which case you can file your proof of service at the same time to file the documents. This is so for the Income and Expenses declaration, Motions, etc.
Also, you can file things by mail, eliminating the driving to court step in your matter.
Best of luck to you.
Attorney Rebekah Ryan Main
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As of July 1, 2012, we no longer have "Motions" in California Family Law. Instead, we have a "Request for Order". A Request for Order (and any accompanying Income and Expense Declartion) is filed first, and then served, and after service, the Proof of Service is filed with the Court. Other documents, including Responses to a Request for Order, Reply Declarations, Declarations of Service of Declarations of Disclosure, etc., are served with an attached unsigned Proof of Service before the original with the attached signed Proof of Service is filed with the Court.
File your "Request for Orders" along with a current Income and Expense Declaration if your request has to do with financials (i.e., child support, spousal support, attorney's fees, etc.). The court will assign a hearing date to you, and then you need to serve the other party. Give him/her a copy of everything you filed with the Court.
The person serving the Request for Orders, etc. then needs to fill out the Proof of Service, which is filed with the Court. You do not need to personally serve the Request for Orders.
Also, remember that you do not file PDDs with the Court. The only form you file with the Court is the Declaration Regarding Service of PDDs. There is no reason why your Schedule of Assets and Debts needs to be a public record (which all family law court documents are). Other than that, I think you're on the right track. Good luck to you.
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