California patition court fact of marriage

First paper in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity GC a , First paper filed in response in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity GC c , A settlement agreement or stipulation for judgment that is signed by a defaulted respondent and included in a judgment of dissolution of marriage or domestic partnership; or a stipulation to modify such an agreement if the stipulation is presented by the petitioner.

Defaulted respondent is not charged a first paper fee under GC GC b , e. GC c No fee Appearance, stipulation, and waiver of rights in dissolution of marriage or domestic partnership, legal separation or nullity or to establish parentage, when respondent is a member of the armed forces GC No fee Filings in a proceeding to declare a minor free from parental custody and control FC , No fee Domestic violence restraining orders, including a request to obtain, modify, or enforce an order to prevent domestic violence or response to that request; and any request that is necessary to obtain or give effect to a restraining order GC f ,GC b 5 ;FC No fee Stipulation that does not require an order GC b 7 No fee A stipulation regarding the date of termination of marital or domestic partnership status if the court has retained jurisdiction over that date GC c No fee First paper or any subsequent paper filed by the Department of Child Support Services to establish parentage or to establish, modify, or collect support GC Response or subsequent paper filed in an action brought by the Department of Child Support Services to establish parentage or to establish, modify, or collect support if support is the only issue.

If a custody issue is raised, see charge for first paper filed in response to other family law matters. GC No fee Filings on issues relating to parentage or support in a pre-existing non-governmental case in which a Title IV-D child support agency has intervened and is providing services under FC GC No fee A document relating to a stipulated postjudgment modification of child support GC d No fee Child custody evaluation amount set by court FC Amount set by court Court-appointed counsel for child amount set by court FC et seq.

FC Amount set by court Premarital counseling for minors FC Amount set by court Cost for investigation re: petition to declare child free from parental custody and control FC First-filed petition for letters of administration or letters testamentary, first-filed petition for special letters of administration with powers of general representative under Prob.

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C GC a , First objection to probate of will or codicil Prob. C ; first petition for revocation of probate of will or codicil Prob. C if filed together with petition for appointment of personal representative under GC c , only the fee under GC c is charged GC b , Later-filed petition for letters of administration, letters testamentary, or special letters of administration with powers of general representative by a person other than the original petitioner GC c , First or subsequent petition for special letters of administration without powers of general personal representative GC Petition or opposition to petition concerning the internal affairs of a trust under Prob.

C et seq.

GC , Petition or opposition to petition concerning the internal affairs of a trust created by court order under Prob. Petition for appointment of conservator, guardian of the estate or guardian of the person and estate or opposition to these petitions other than competing petition for appointment GC a , b , Opposition to petition for appointment of conservator, guardian of the estate or guardian of the person and estate filed by or on behalf of the proposed conservatee or proposed ward or a parent of the proposed ward GC f No fee Petition for appointment of guardian of the person only or opposition to petition other than competing petition for appointment GC a , b , Opposition to petition by the proposed ward or the parent of the proposed ward GC e No fee Petition or opposition filed after issuance of letters of guardianship or temporary guardianship, in guardianship of the person only GC e No fee Petition commencing other proceedings under the Probate Code and objections or other opposition to such petitions, including the following: GC , Petition to determine the fact of death to determine title to real property and objections or other opposition Prob.

C GC c 4 , Petition for an order concerning a particular transaction and objections or other opposition Prob. C GC c 5 , Petition for an order concerning capacity determination and health care decision authority for adult without conservator and objections or other opposition Prob. C GC c 6 , Petition for compromise of the claim of a minor or disabled adult, no civil action pending, and objections or other opposition Prob.

C GC c 1 , Petition concerning a power of attorney and objections or other opposition Prob. C GC c 8 , Petition concerning advance health care directive and objections or other opposition Prob. C GC c 7 , Petition to determine succession to real property and objections or other opposition Prob. C GC c 2 , Spousal or domestic partnership property petition and objections or other opposition Prob.

C GC c 3 , Petition for approval, compromise, or settlement of claims against deceased settlor, or for allocation of amounts due between trusts, or objections or other opposition Prob. C GC c 9 , Any other petition that commences a proceeding under the Probate Code and objections or other opposition GC c 10 , Petition for order setting aside estate of small value if no estate is pending for the decedent Prob.

Opposition to petition for order setting aside estate of small value Prob. C GC b , GC a 9 , C or concerning substituted judgment Prob. C GC a 12 , GC a 13 , GC a 14 , C GC b , b 13 Affidavit procedure for real property of small value under Prob.

Guardianship investigations amount set by court Prob. Information package for conservators Prob. Petition for summary probate Public Administrator only Prob. Delivery of will to court in which the estate may be administered Prob. Appeal or cross appeal to court of appeal payable to court of appeal GC , Appeal in small claims case CCP Appeal from Labor Commissioner's Award Lab. Appeal of administrative fine or penalty GC Administrative charge for a check that is returned without payment.

CCP Payment is due immediately upon notification and if left unpaid will result in the filing being voided. Administrative charge for processing a partial payment. A first paper filing submitted with a check for an insufficient amount will be void if the amount due is not paid within 20 days of notification. Administrative charge for recovering, as part of judgment, fees not paid by public entity under GC GC Appearance by videoconferencing GC Amount set by court Reasonable fee for service or product, not to exceed costs, where no fee is otherwise provided for Rule Installment account process for fine payments Board Res.

Fax filing, per page in addition to any other fee CRC 2. Accessing Civil case documents via the Web: 4 - First 10 pages per document - Subsequent pages per document - Maximum amount to be charged per document CRC 2. Public Name Search via the Web: 4 - for 1 name search credit - for 5 name search credits - for 10 name search credits - for 75 name search credits - 30 days of unlimited name search credits CRC 2. Filing power of attorney, revocation, cancellation, etc GC Filing financial statement of admitted surety insurer GC Issuing certificate regarding justification of sureties GC Petition for a writ of review, mandate, or prohibition other than a writ petition to the appellate division.

Complaint or other first paper within small claims jurisdictional limit filed by assignee of record with declaration. Answer or other first paper filed by each party other than plaintiff case filed by assignee within small claims jurisdictional limit, with declaration. Petition for forfeiture where claim has been filed with district attorney for impounded vehicle.

Response by party to petition for relief in discovery dispute related to out-of-state case where first appearance fee was previously paid. Response by non-party to petition for relief in discovery dispute related to out-of-state case. Petition to prevent civil harassment involving violence, threats of violence, or stalking and response. Petition to prevent workplace violence involving violence, threats of violence, or stalking and response. Motion or other paper requiring a hearing unless it is the party's first paper and the first paper filing fee is paid , including the following:.

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Ex parte application requiring a party to give notice of the ex parte appearance to other parties. Renewal fee for application to appear as counsel pro hac vice for each year a case continues. Processing change of venue 3 payable to superior court from which the transfer was requested a separate check with the initial filing fee for the court to which the case will be transferred is also required. Request, application, or motion for, or notice of, continuance of hearing or case management conference.

Certified copy of order to DMV when court orders judgment paid in installments. Issuing writ of attachment, writ of mandate, writ of execution, writ of sale, writ of possession, writ of prohibition, writ of restitution, or any other writ for enforcement of an order or judgment. Filing claim by person who has filed more than 12 small claims in California within the previous 12 months.

If claims will be made for custody of, or access to children, you should start the case in the municipality where the children ordinarily live.


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Otherwise, it can be started in the municipality where either party lives. For a complete listing of the court addresses in Ontario, click here. If there is both an Ontario Court of Justice and Superior Court of Justice in the municipality, you must start your case in the court that can decide your issues. Many family law cases can be started in the Ontario Court of Justice.

However, if claims are being made about property including a matrimonial home or divorce, the case must be started in the Superior Court of Justice. For more information about which claims are heard in each of these courts, click here. If you do not file an answer, the applicant can ask the court for an order, based on the claims in the application, without hearing from you and you are not entitled to participate in the case any further.

For more information on how to respond to an application, see the Guide to Family Court Procedures for the court where your case was started. Click on the court below to be taken directly to the appropriate Guide to Family Procedures:. These guides explain the steps in the court process and the documents that need to be served on the other party and filed with the court at each step.

You should choose the guide for the court where your case was started. You can also visit a Family Law Information Centre for more information about the family court process. If you qualify, Legal Aid Ontario can help you pay for a lawyer. More information about Legal Aid Ontario can be found at www. An Advice Lawyer can provide general legal information to anyone who comes to the FLIC for help, as well as legal advice to parties who qualify for further assistance.

To find out when an Advice Lawyer is available, contact the family law office at your local courthouse. Duty Counsel may also be available, on the day that family cases are heard, to assist parties without lawyers in the courtroom. The Family Law Rules set out the steps in the family court process. In most cases, the parties meet with a judge at least once at the beginning of the process to discuss the issues in dispute and how they can be resolved, and the steps that should be taken for the case to proceed for example ensuring that financial information has been exchanged.

This meeting is called a case conference. Following the case conference, either party may bring a motion for a temporary order for example for exclusive possession of a matrimonial home, custody of children or support. At a motion, a judge reviews the affidavit evidence from both parties and decides whether to make the order that has been requested. If the case has not been settled, a case conference is usually followed by a settlement conference, which focuses on settling or narrowing the issues in dispute.

The judge at a settlement conference may also be able to provide his or her view of how the case might be decided if it goes to trial. If the parties cannot settle the case after one or more conferences have been held, a trial may be necessary. A trial management conference may be held in advance of a trial in order to determine how the trial will proceed.

Before each court attendance, both parties must serve the other party and file certain documents with the court. Many of these steps may be avoided if the parties agree to the outcome of the case. If an agreement is reached on a day when you are not in court, you can prepare and file Form 14B: Motion Form to request an order with the terms you have agreed to. This is called an order on consent.

The number of times parties will have to go to court and the length of time that it takes to resolve a case will depend on a number of factors, including how complicated the case is and whether the parties can agree on all or some of the issues. Usually, you must attend a case conference before you can bring a motion to ask the court for a temporary order. However, if your situation is urgent, you can ask the court to hear your motion before a case conference has been held. If you are considering bringing an urgent motion, you should review Rule 14 4 of the Family Law Rules and the Guide to Family Procedures for the court where your case is being heard.

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The Superior Court of California - County of Orange

You should also call the court where you will be filing your motion to see whether you will be given a time to attend court to have the motion heard or whether the documents will be reviewed by the court without you being present. You should tell your lawyer or every other party as soon as possible that you will need to postpone the court date. This is referred to as an adjournment. To ask for an adjournment before your court date, you should serve every other party with Form 14B: Motion Form and file it with the court.

On the motion form, you can indicate whether the other parties have agreed to adjourn the court date. If the other parties have not agreed, you or your representative will still have to go to court on the day that has been scheduled to explain why you need an adjournment.