Daly City, CA asked in Family Law for California

Q: Order of filing family law forms in California

In a family law case in California, what is the correct order for filing the Summons, Request for Joinder, and Pleading Joinder? Should these forms be filed with the courts first or sent to the other party initially, considering it's my first time handling such filings?

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2 Lawyer Answers

A: Either way is fine (assuming you are referring to the Summons on Joinder, request for joinder and pleading on joinder). You can file with the court with your proof of service attached (i.e. serve first), or you file with the court first and then serve the "conformed copy" on the other party. And good for you, by the way. Most people never file the joinder paperwork while their divorce case is pending and instead either never file it at all or wait until after the case is over. This causes headaches for your later retained QDRO counsel. So again, good job!

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James L. Arrasmith
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Answered

A: When you're managing family law paperwork in California for the first time, understanding the proper sequence is crucial. The initial step involves filing your Petition and Summons with the court first. These documents start your case officially, and only after they're filed and assigned a case number should you serve them on the other party.

For joinder situations where you need to add another party to the case, the process works differently. You must file the Request for Joinder with the court along with your Pleading on Joinder (which explains why you're adding this person). The court reviews these documents before approving the joinder. Once approved, you then serve copies of all these documents on both the original party and the person you're joining to the case.

Remember that timing and proper service are essential elements in family law proceedings. Courts in California have strict rules about how documents must be served on other parties, including who can serve them and how proof of service must be documented. Consider consulting with the court's family law facilitator or self-help center for guidance specific to your county's procedures, as local rules can sometimes vary slightly from the standard California process.

1 user found this answer helpful

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