Legal Question in Family Law in California
i am getting a divorce. i filed for th divorce over 3 years ago. We both worked with layers up to a certain point, then we decided to represent ourselves and we filed an uncontested stipulation of judgement earlier this year we have not heard of a decision form the court, and some importat issues hace surfaced since. How do i, representing myself, ask to go before the judge to try resolve the issues. is there a form i need to fill out to ask for a court appointment? please help.
person desperate seeking legal help
1 Answer from Attorneys
There is a form you can use in Family Law. It's called an Order to Show Cause. In Family Law (FL), the Order to Show Cause (OSC) is the FL version of the Civil Law "Notice of Motion". Whenever you want to be heard by the court during the pending litigation you can file a Notice of Motion (but in FL it's an OSC). The OSC lets you check boxes to show the court what kind of relief you are seeking. In your case you want to request "Other Relief", so you can get the court to decline to sign the judgment because issues have changed and you now need to review the judgment and negotiate the terms that may be different that you need to be in the judgment now. The OSC must be accompanied by an "Application for Orders", which is another form, and a "factual declaration" telling why you feel you are entitled to the court's order or in this case not making the judgment a judgment. You can also ask the court to pass on a number of other issues by checking the appropriate boxes on the Application for Orders. You can find these forms by google searching "Judicial Counsel Forms". The Superior Court of California maintains a web page with all of the forms on it. They can be filled out and printed. If you have Adobe Pro you can save the forms on your computer after you've filled them out. Than you file the finished OSC at the court clerks office for a fee, and have someone unrelated to the case serve the papers on the other party by U. S. Mail.