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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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
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.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
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.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.
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