Types of Court Hearings during Divorce and Legal Separation

Divorce and Legal Separation: Types of Court Hearings

Posted March 24, 2023

The journey through divorce or legal separation can be overwhelming. Many clients find themselves unprepared for the procedural, legal, and emotional complexities involved. An essential part of navigating this process successfully is understanding the types of court hearings, each of which has its own purpose and goals. Below is an overview of the common hearings you may encounter in San Diego County Superior Court.

1. Family Resolution Conference (FRC)

Once you file a Petition for Dissolution (divorce) or Legal Separation, your case is assigned a case number and a department. The first hearing, often a Family Resolution Conference (FRC), is scheduled to provide a status update to the court.

Purpose: The FRC is less formal and focuses on procedural milestones, such as exchanging Preliminary Declarations of Disclosure. It’s not intended to address final issues like division of property or support. The court’s goal is to ensure the case progresses smoothly and on time.

Frequency: Several FRCs may be scheduled over the course of the case, as needed. During these conferences, the judge may ultimately order the parties to attend a Mandatory Settlement Conference or prepare for trial.

2. Request for Order (RFO) Hearing

For issues that can’t wait until the final judgment, you may need to file a Request for Order (RFO) to seek temporary orders.

When to Use: RFOs are common for temporary child custody, spousal support, attorney’s fees, or other pressing matters. Given case backlogs, these hearings are often scheduled months out, so timing and planning are crucial.

Types of RFOs: RFO hearings typically range from 20 to 40 minutes, but more complex cases may require evidentiary hearings where evidence is presented and witnesses testify. Consult an attorney to determine which type of hearing is best for your situation.

3. Ex Parte Hearing

In emergency situations where immediate action is required, an ex parte application may be necessary.

Purpose: Ex parte hearings address urgent issues that cannot wait for a scheduled RFO or FRC. Common reasons include child safety concerns or urgent financial needs.

Notice Requirement: You must notify the other party by 10:00 AM the day before the hearing, except in very limited emergency situations where notice isn’t feasible. Misusing the ex parte process can lead to penalties or damage your credibility in court, so consult with an attorney before proceeding.

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4. Mandatory Settlement Conference (MSC)

An MSC is often ordered when the court believes the case is ready for resolution on major issues.

Purpose: The MSC, essentially a mediation, is conducted with a family law attorney serving as a “settlement judge” to help both parties reach an agreement. Unlike FRCs, the focus here is on negotiation and potential compromise.

Timing and Benefits: You don’t need to wait for an MSC to attempt mediation; it can happen at any point in the process, potentially reducing costs and eliminating the need for RFOs and related hearings.

5. Trial Readiness Conference (TRC) and Trial

If the MSC or other settlement efforts fail, the case moves toward trial. Before the trial begins, a Trial Readiness Conference (TRC) is held to finalize preparation.

TRC: This conference ensures that all necessary evidence, witness lists, and discovery are complete. The judge may adjust trial length or encourage last-minute settlement if possible.

Trial: At trial, unresolved issues are presented through opening statements, witness testimonies, and evidence. The trial judge will then issue rulings on the issues. In some cases, specific issues may be bifurcated, or separated, for trial, such as determining the date of separation or validating a premarital agreement. This can clarify other aspects of the case and streamline the proceedings.

Knowing the purpose and function of each type of hearing can make a significant difference in your divorce or legal separation case. At Naimish & Lewis, we’re here to guide you through each step, helping you understand your rights, responsibilities, and options. To schedule an initial consultation with our experienced family law team, please contact us.

Divorce

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.