Petitioner went in ex-parte 2 weeks ago. The judge: (1) ordered me to not move with the children into my previous home, (2) denied all other Petitioner's requests; (3) set a hearing for next week; (4) ordered Petitioner to serve the ex-parte notice by April 29; and (4) ordered all answers be filed by May 4. I served my answer by May 4: I asked for the court to order to that I'm allowed to move the children into my previous home, and I asked for money to pay an attorney, based on "need based" section 2030 (Petitioner can afford it!) to continue the process. Petitioner served his ex-parte notice on May 5.
When I go to the hearing next week, can I ask the court (1) to allow to move the children into my previous home, and (2) to grant my "need based" request for attorney fees, based on the Petitioner's failure to give notice of ex-parte on time as ordered by the court? The very final hearing for the divorce is in July and I don't have a lawyer.
Your requests stand on their own merit. Procedural gotchas are not favored, or effective.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
If you want need based attorney fees, you need to file and income and expense declaration and be prepared to explain that you need to hire an attorney and that you have a need for attorney fees and that the other party has the ability to pay. It's not about truth it's about proof.
As to why the court ordered you not to move, where is the location you lived before? Why did the other side ask you not move? These are telling, you should ask for a continuance, and attorney fees. If the other side says complains, remind the judge that you can ask for those fees without notice pursuant to 2031.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
Assuming that the service of the 'ex parte' documents was merely a technical procedural requirement (because they were the same documents he filed for the actual ex parte heard 2 weeks ago), then the filing of your response technically waived his failure to timely serve. As Atty Straus pointed out, you don't need this excuse - win on the merits!
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline