Besides substantive issues in Family Court, a party must understand the procedures. The easiest way to explain is when a Petition for Dissolution is filed by a party, the court opens a case by assigning a number and a court. The same is true for a Complaint to Establish Parentage (aka Paternity).
Between the Petition or Complaint and the Judgment, there are a lot of secondary side roads: It is important to stay on top of court hearings and orders and have a basic understanding of what phase you are in the process.
After filing paperwork for dissolution or paternity, one party files for a hearing to obtain temporary orders until trial or settlement. This is where each side tries to discover facts to help at trial or settlement.
A step in a Dissolution is a hearing on temporary support and orders to carry the parties until the trial or settlement: This may include temporary child custody, visitation orders, spousal and child support orders, attorney fees, and property control orders. In a Paternity, the only issues are child custody and visitation, child support, and attorney fees.
Sacramento passed legislation to make it mandatory for parties in a Dissolution to file an Income and Expense Declaration (IED) and a Schedule of Assets and Debts within 60 days of filing the Petition or Response to a Dissolution. The two documents are part of what is called the Preliminary Declaration of Disclosure (PDOD). PDODs are the bulk of the discovery.
Tools include are having the other party answer specific questions such as Special interrogatories or produce documents. In a Paternity case, there is no mandatory PDOD except each side must file an IED. Sometimes these phases overlap. In a Dissolution, an agreement between the parties is called a Marital Settlement Agreement. In a Paternity case, the judgment is called simply a Judgment of Paternity.
A hearing for temporary orders generates both a Minute Order and formal Findings and Order After Hearing (FOAH). The order from the hearing is submitted to the other for approval. Once approved it is submitted as an official Court order. Besides the hearing for temporary orders, the judge conducts Case Status Conferences to move toward. Case Management Conferences are then held.
